Issue for Consideration Whether the High Court erred in reversing the decree for mandatory injunction for removal of encroachment in favour of the plaintiff passed by the Trial Court and upheld by the first Appellate Court and, undertaking an exercise to of the plaintiff in monetary terms without any prayer being made in that regard. Headnotes† Relief – Not prayed for – Grant of – Impermissibility – Original plaintiff filed suits against the respondents-original defendants seeking mandatory injunction for
Issue for Consideration Whether the right to walk is a Fundamental Right; whether the High Court erred in reducing the compensation awarded by the Motor Accident Claims Tribunal. Headnotes† Constitution of India – Art.19(1)(d) r/w Arts.19(1)(a), (b), (c) and Art.21 on demarcated footpaths alongside motorised roads, a fundamental right: Held: The right to walk is a fundamental right under Part III of the Constitution – It is integral to the right to movement guaranteed u/Art.19(1)(d), r/w Art.19(1)(a), Art.19(1) (b), Art.19(1) (c) and Art.21 –
Issue for Consideration Issue arose whether the Special Police Establishment-SPE as constituted u/s.2(1) of the Madhya Pradesh Special Police Establishment Act, 1947 for investigating offences specified by the State Government u/s.3 of the Act of 1947 entitled to exemption from Act of 2005 by virtue of s.24(4) thereof, on the ground that it is an ‘intelligence and security’ organisation; and whether the Notification dated 25.08.2011 provides for a matter beyond the parent legislation or whether it is intra vires s.24(4) of the Act of 2005. Headnotes†
Issue for Consideration The petitioner has called in questioned the order passed by the Returning Officer on 09.06.2026, rejecting her nomination for a Rajya Sabha seat in the biennial election for the Rajya Sabha seats of the State of Madhya Pradesh. Whether this Court is inclined u/Art.32 of Constitution in view of the express bar contained in Art.329(b) of the Constitution. Headnotes† Constitution of India – Arts.32 and 329(b) – Representation of the People Act, 1951 – s.33A – Conduct of Election Rules, 1961 – The petitioner being a
Issue for Consideration Issue arose as regards the power and jurisdiction of the High Court to issue the directions that trial court while trying a case under the Prevention of Corruption Act to examine the sanctioning authority exercising powers u/s.311 CrPC before framing is no challenge to the same by the accused. Headnotes† Constitution of India – Art. 226 – Code of Criminal Procedure, 1973 – s.311 – Power and jurisdiction of the High Court – Writ Petition sought quashing of the sanction for prosecution granted by the
Issue for Consideration Issue arose whether s.13(4) of the Uttar Pradesh Higher Education Services Commission Act, 1980 can be interpreted to permit fresh recommendation or change in place of posting of a waitlisted candidate, who has already been recommended for appointment elsewhere; and Uttar Pradesh Education Service Selection Commission Act, 2023, repealing the Old Act, the recommendation dated 13.12.2023 and consequential communications and placement order dated 12.01.2024 and 15.01.2025, issued in favour of the appellant can be sustained within the statutory scheme of the New
Issue for Consideration Issue arose whether the conviction and sentence imposed by the High Court on the appellant-President of the Gujarat High Court Advocates’ Association and senior advocate, under the Contempt of Courts Act calls for interference. Headnotes† Contempt of Courts ss.2(c), 20 – Contempt of Court – Appellant-President of the Gujarat High Court Advocates’ Association and senior advocate, in a live press conference made certain unwarranted and contentious allegations, including preferential treatment, and questioned the credibility of the
Issue for Consideration Whether the direction of closure of the appellant-units issued by the NGT is liable to be set aside; whether the judgment of Pahwa Plastics squarely applies to the facts of this case. Headnotes† Environment – Environmental Clearance – The appellants units of Formaldehyde, its different resins – The NGT directed closure of the appellants-units – The NGT held that formaldehyde manufacturing units cannot be allowed to operate without prior Environmental Clearance (EC) – Correctness: Held: The case in hand is not a one
Issue for Consideration Issue arose whether, upon death of the doctor during pendency of proceedings at appellate stage, the legal heirs can be impleaded and held liable for the alleged act of medical negligence of the deceased doctor, and if yes, then to Act, 1986 – ss.13(7), 2(b)(v) – Consumer Protection Act, 2019 – ss.38(12), 2(5)(vi) – Succession Act, 1925 – s.306 – Legal Representatives Suits Act, 1855 – Code of Civil Procedure, 1908 – Ord. 22, r.4 – Continuation of ‘right to
Issue for Consideration Whether the Appellants are entitled to the benefit of ss.3 and 4 of the Probation of Offenders Act, 1958, and if so, to what extent; whether the benefit of s.4 of the 1958 Act is available to an offender who has been sentenced only with payment of fine, and not imprisonment. Headnotes† Probation of Offenders Act, 1958 – ss.3, 4 – Power of court to release certain offenders after admonition or on probation of good conduct – Penal Code, 1860 – s.53 – Bharatiya Nyaya Sanhita (BNS), 2023 – s.4 – Benefit of
Issue for Consideration Whether, on a prima facie view, there exists an arbitration agreement between the parties and as such, whether the reference to arbitration u/s.11 by the High Court warrants interference by this Court. Headnotes† Arbitration – s.7 – Arbitration Agreement – General reference in the letter of intent to an arbitration clause contained in the tender documents does not have the effect of ‘incorporation’ of the arbitration clause contained therein in the contract – High Court on
Issue for Consideration Whether the Sessions Court as well as the High Court erred in holding that the complaint as filed by the appellant u/s.138 of the N.I. Act was liable to be dismissed at the pre-trial stage on the ground that the cheque issued by the second respondent was not towards any Negotiable Instruments Act, 1881 – ss.138, 139 – Once the basic ingredients of s.138 are satisfied, the complaint cannot be dismissed at the pre-trial stage on the ground that the cheque issued was not towards a legally enforceable debt – Appellant’s case
Issue for Consideration Matter pertains to dismissal of police constable without conducting departmental inquiry, holding that it was not reasonably practicable to hold an inquiry. Headnotes† Constitution of India – Art.311(2) second proviso clause (b) – Dismissal, removal or in civil capacities under the Union or a State – Exercise of the power u/Art.311 – Registration of FIR against the appellant- constable posted in the Special Cell for the offence of robbery and thereafter arrested and taken in custody – While he was in custody the order of
Issue for Consideration Whether the arbitral award deserves to be set aside on the ground of lack of jurisdiction due to improper constitution of the arbitral tribunal or patent illegality. Headnotes† Arbitration and Conciliation Act, 1996 – ss.16, 34, 37, 4 Tribunal – Interpretation of arbitration clause – Waiver – The Appellant-MCGM had floated a tender and invited proposals – The stipulated duration for completion of the work under the Agreement was 72 months and the contract was designed to be implemented in stages
Issue for Consideration Whether the appellant herein should be allowed to change his cadre from Tamil Nadu to Rajasthan, against the ‘insider’ vacancy. The selection pertains to the year 2004. The appellant is already in service in Tamil Nadu for more than two decades. of cadre – The first two candidates chose not to join the Rajasthan cadre, offerred on the basis of ‘insider’ vacancy, the appellant staked his claim to be considered for appointment against the same – He filed OA before the Tribunal, which was dismissed – The High
Issue for Consideration Whether a Court can entertain an application u/s.29A(5) of the Arbitration and Conciliation Act, 1996 to extend the mandate of the arbitrator(s) for making the award even after an ‘award’ is rendered, though after the expiry of the statutory limit of eighteen- Act, 1996 – s.29A, 29A(5) – Disputes between the parties, sole arbitrator appointed – Pleadings were completed on 20.08.2022 which was the commencement of the period of twelve months provided u/s.29A(1) for making the Award – Before the conclusion of twelve
Issue for Consideration Effective implementation of the mandate of s.12, Right of Children to Free and Compulsory Education Act, 2009 ensuring admission of at least twenty-five percent of class strength in unaided schools with children of weaker and education. Headnotes† Constitution of India – Article 21A – Right to Education – Right of Children to Free and Compulsory Education Act, 2009 – s.12– Directions by Supreme Court for effective implementation of s.12 and its mandate – Inaccessibility of
Issue for Consideration Issue arose whether the order of preventive detention passed by the Magistrate and upheld by the High Court u/s.3(2) of the Telangana Prevention of Dangerous Activities Act, 1986 valid in law. Headnotes† Telangana Prevention of Dangerous Activities of Boot- Leggers, Immoral Traffic Offenders, [Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms