Summary: Whether the appellants herein, despite being classified as temporary employees of a scheme managed by contributory pooling of funds, can claim entitlement to pensionary benefits in accordance with the 6th CPC? SC Held: The denial of pensionary benefits solely on the basis of their temporary status, without due consideration of these factors, appears to …
Constitution of India, 1950; Article 16- Reservation – The concept of “Vertical Reservations” and “Horizontal Reservations” explained – Referred to Indra Sawhney vs. Union of India 1992 Supp. (3) SCC 217. (Para 12) -The reservation for persons with disabilities would be relatable to Clause (1) of Article 16 and the persons selected against this quota …
Constitution Of India,1950; Article 226- Maintainability of the habeas corpus petition in the matters of custody of minor child – No hard and fast rule can be laid down – Whether the writ court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances …
Gautam Kumar Das vs NCT Of Delhi 2024 INSC 610 – Habeas Corpus – Child Custody Read More »
Constitution Of India, 1950; Article 226- While undertaking the exercise of judicial review of matters relating to tenders, the court has to strike a fair balance between the interests of the Government, which is always expected to advance the financial interests of the State, and private entities -Not every small mistake must be perceived through …
Supreme Court Rules,2013; Order XXVI Rule 6– A plaint is liable to be rejected where it does not disclose a cause of action or where the suit appears from the statement in the plaint to be barred by any law.- Order XXVI Rule 6 (a) and (b) are analogous to the provisions in clauses (a) …
Constitution of India, 1950; Article 226,12- Imparting education involves public duty and therefore public law element could also be said to be involved. If there is a breach of a covenant of a private contract, the same does not touch any public law element. The school cannot be said to be discharging any public duty …
Army Welfare Education Society vs Sunil Kumar Sharma 2024 INSC 501 Read More »
Constitution Of India,1950; Article 226- Code Of Civil Procedure,1908 ; Section 141 and Order XXI Rule 90- The provisions of the CPC do not apply to writ petitions under Article 226 of the Constitution of India except some of the principles enshrined therein like res judicata, delay and laches, addition of parties, matters which have …
Constitution Of India, 1950; Article 14, 226– Although disputes arising purely out of contracts are not amenable to writ jurisdiction yet keeping in mind the obligation of the State to act fairly and not arbitrarily or capriciously, it is now well settled that when contractual power is being used for public purpose, it is certainly …
Negotiable Instruments Act, 1881; Section 138,139- The liability of the defence in cases under Section 138 of the NI Act 1881 is not that of proving its case beyond reasonable doubt- A n accused may establish non-existence of a debt or liability either through conclusive evidence that the concerned cheque was not issued towards the …
Constitution Of India, 1950; Article 226,329– While the Courts shall always be guided by the settled principles regarding scope, ambit and limitations on the exercise of judicial review in delimitation matters, there is nothing that precludes them to check the validity of orders passed by Delimitation Commission on the touchstone of the Constitution -If the …