Rajasthan High Court dismisses plea challenging demolition drive on encroachments in Ummed Sagar Dam catchment area
“The petitioners are, undisputedly, encroachers and, therefore, no indulgence can be granted by this Court.”
writ petition
Bombay HC refuses to interfere with 2008 Civil Services appointment after 2016 legislative reforms allowed reservation for mental disability
The appointment of the petitioner to the 2008 Civil Services, based on the subsequent legislative reform made in 2016, would lead to administrative chaos and raise several complications regarding seniority, induction etc.
Mount Everest conqueror, Megha Parmar, approaches MP High Court seeking inclusion of her name in this year’s Vikram Award List
The State submitted that the consideration of the eligible candidates including the petitioner has been done by a duly constituted committee and one Kumari Bhavna Dehariya is selected for the grant of Vikram Award 2023.
‘Stay on entire election is last choice, not first reaction’; Rajasthan High Court dismisses plea challenging Adhoc Committee’s conduct of KDCA’s fresh election
“Free and fair elections are the cornerstone of democratic governance, including elections of all kinds of governing bodies. Elections are usually best conducted in their usual course, i.e., without any interference and interruptions.”
“Deemed confirmation concept has long been discarded”: Punjab and Haryana HC rejects plea of Civil Judge, dismissed after probation due to ‘doubtful integrity’
‘Deemed confirmation is a perilous concept in service jurisprudence which has long been discarded since it erodes the power of the employer to assess work, conduct, and behaviour of the probationer.’
Rajasthan High Court upholds Mothers’ right to be correctly named in child’s academic records; Allows son to submit verified application for name correction
“A name is the first gift most of us receive from our parents. It becomes the foundation of our legal, social and emotional identity. To name someone is to recognize their presence in the world and to be nameless, in many ways, is to be invisible. Names reflect who we are and where we came from.”
Gujarat HC rejects PIL by self-acclaimed RTI activist on unauthorised construction near Lajpore Central Jail; Imposes 20 Lakh cost
“It is evident that the petitioner is blackmailing and is trying to extort money from the businessmen of the Surat city by creating fear in their mind that if they do not shell money, he would make a complaint of violation of one or the other laws.”
MP High Court quashes improper implementation of Reservation Rules in Selection Process; directs reconsideration of OBC female candidate’s candidature
“This Court is inclined to dispose of this petition with a direction to the respondents No.2/3 to follow the proper procedure as prescribed under Rule 11.2 and 11.3 of the Rules of 2013.”
MP High Court seeks explanation for delay in full functionality of NCLT Indore bench despite infrastructure availability
The Court asked, “Why are at least two members from NCLT Delhi or NCLT Mumbai not being permanently posted at the NCLT Bench in Indore?”
Telangana HC rejects PIL challenging prohibition on candidates with more than 2 children from contesting panchayat elections; imposes Rs. 25,000 costs
“If certain persons were held to be ineligible to contest the election having more than two children, such persons may be ‘persons aggrieved’ and could have assailed that decision in an independent capacity and not as a PIL.”
‘Writ Petitions can’t be filed by raising mutually destructive pleas without any sense of responsibility’; Bombay HC dismisses speculative plea against land acquisition after 77 years
“Delay, laches, and disputed questions of fact are all matters that cannot be ignored when it comes to exercising discretionary jurisdiction under Article 226 of the Constitution.”
‘Granting appointment out of turn would violate fairness & equality’; Bombay HC dismisses plea for compassionate appointment to waitlisted candidate
“The object of compassionate appointment is to relieve the hardship due to the death of a bread winner in the family and the appointment is provided to redeem the family in distress. At the same time, it is to be borne in mind that compassionate appointment cannot be construed as opening an alternative mode of recruitment to public employment.”
‘Social media complaints cannot be seen as lacking in gravity’; Telangana HC denies relief to caterer whose license was terminated after customer complaints
“Complaints/customer feedback on social media is an accepted mode of registering complaints against a service provider and the petitioner cannot adopt an ostrich policy in today’s time on the pretext that social media complaints do not deserve to be treated with seriousness.”
‘Rape victim must be given liberty to decide whether she should continue pregnancy’; Chhattisgarh HC allows termination of minor victim’s pregnancy beyond 24-weeks
“It is quite vivid that the pregnancy of the petitioner has crossed 24 weeks of gestational age and unless the judicial order directing termination is available, it may not be possible for the doctors even to proceed with termination of pregnancy”.
Non-compliance of natural justice principles, an exception to Rule of Discretion vis-a-vis exercise of HC’s jurisdiction under Art. 226: Karnataka HC
Court reiterated out that availability of an alternative remedy, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies.
Delhi High Court refuses to exercise power of judicial review and usurp powers of NCLT in petition filed against Reserve Bank of India
‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’
Rajasthan High Court dismisses plea challenging NTA’s 5 marks deduction in NEET-UG 2024
“OMR answer sheets are electronically evaluated for the purpose of ensuring minimum human intervention, so as to ensure secrecy and credibility of the entire examination process.”
‘X (Twitter) neither performs public function nor discharges public duty’; Delhi HC holds petition filed against suspension of ‘X’ account ‘not maintainable’
The Court opined that the proper venue for addressing a breach, such as the one in the present matter, would be the civil courts where contractual disputes are adjudicated.
MP High Court denies Writ of Mandamus to restrain authority from taking coercive actions based on alleged ‘illegal’ stop-construction interim direction
The Court held that a writ petition against a show-cause notice is generally not maintainable, as established in Union of India v. Kunisetty Satyanarayana, (2006) 12 SCC 28.
‘Principal Auditor General shall decide Audit Objections expeditiously’; Gauhati HC disposes of PIL against officials allegedly involved in misappropriation of funds under Assam Sarba Siksha Abhiyan Mission
Out of the 43 Audit Objections, 23 Audit Objections have already been dropped after getting satisfactory clarification/reply from the authority concerned and the rest are soon to be dealt with.