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Criminal procedure

CHANDRIKABEN KISHOR DAFDA versus STATE OF GUJARAT & ANR.

Supreme Court held that Rule 7A required disclosure of a candidate’s spouse’s properties too, and remanded the matter for fresh cognizance.

  • Cognizance order
  • Curable defect under section 465 crpc
  • Affidavit disclosure in municipal elections
  • Disclosure of spouse's properties
  • Interpretation of rule 7a of gujarat municipalities (conduct of elections) amendment rules 2005
  • False affidavit in electoral process
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Constitutional law

MALKIT SINGH AND ANR. versus STATE OF U.T. CHANDIGARH AND ORS.

The State may remove illegal encroachments lawfully, but when vending zones exist the authorities must actively facilitate and supervise relocation: provide clear, acceptable vending zone information, assist regularisation where appropriate, undertake awareness drives to divert customers, and take steps to minimise disproportionate hardship to vendors; courts will require affidavits and supervisory compliance rather than permit summary eviction without support.

  • Street vendors
  • Encroachment
  • Vending zones
  • Article 19(1)(g)
  • Article 19(6)
  • Article 21
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Civil procedure

M/S CHOPRA HOTELS PRIVATE LIMITED versus HARBINDER SINGH SEKHON & ORS.

Where an interim order in a parent writ petition has been shown to be relied upon by authorities and to have direct and immediate civil consequences for a non‑party, that non‑party is a proper party and must be given an opportunity to be heard in those proceedings; the High Court’s refusal to implead the Appellant and to consider its request for clarification/modification was unsustainable, and overlapping but distinct proceedings (LPA No. 760 of 2026 and CR No. 2579 of 2026) need not be held in abeyance and can be heard independently while the Appellant is impleaded in the parent writ.

  • Impleadment in writ petition
  • Writ proceedings
  • Interim order
  • Order i rule 10 cpc
  • Section 269 punjab municipal corporation act, 1976
  • Clarification/modification of interim order
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Writ jurisdiction

AKOLA MUNICIPAL CORPORATION AND ANR. versus ZISHAN HUSSAIN AZHAR HUSSAIN AND ANR.

The High Court exceeded the permissible limits of judicial review by re-assessing the merits of the municipal corporation's policy decision to revise property tax; the petitioner lacked locus to file a PIL on behalf of the city and statutory remedies existed; absent material showing the procedure adopted was ex facie arbitrary, perverse or in blatant derogation of statutory provisions, the High Court should not have quashed the Corporation's resolution; accordingly the High Court judgment and order were set aside and the appeals allowed.

  • Public interest litigation
  • Financial autonomy
  • Judicial interference
  • Economic policy
  • Power of judicial review
  • Increase in property tax by municipal corporation
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Election law

POONAM versus DULE SINGH & ORS.

The petitioner was convicted under Section 138 NI Act and failed to disclose that conviction in the affidavit filed under Rule 24-A when submitting her nomination; Rule 24-A is mandatory and non-disclosure rendered the affidavit false, led to improper acceptance of the nomination, and deprived voters of material information so as to void the election under Section 22(1)(d)(iii) of the Madhya Pradesh Municipalities Act, 1961. The fact that the conviction was later set aside is immaterial to the eligibility assessment as on the date of nomination, and no exceptional circumstances justified inte…

  • Non-disclosure of criminal antecedents
  • Disqualification of elected candidate
  • Declaration of criminal antecedents (rule 24-a)
  • Right to information under article 19(1)(a)
  • Section 138 negotiable instruments act
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Municipal law

SOUTH DELHI MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER versus BHARAT BHUSHAN JAIN (DEAD) THR. LRS.

The authorities below were correct to grant deemed sanction and the appellant cannot compel the respondents to convert the ground floor of their residential property to commercial use; the respondents are permitted to submit fresh plans for construction of a house for residential purpose and the municipal authority must sanction the same within four weeks of presentation; costs awarded to respondents for appellant's conduct.

  • Deemed sanction of plan
  • Construction of residential house
  • Mixed land use
  • Conversion charges
  • Costs and harassment
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Constitutional law

IN RE: “CITY HOUNDED BY STRAYS, KIDS PAY PRICE” versus

Given the escalating number of dog bites and the attendant risk to life and liberty of vulnerable persons, the Court directed immediate and specific action by the Government of NCT of Delhi, municipal corporations and other local authorities in the NCR to pick up stray dogs, create and expand shelters/pounds, ensure sterilization/deworming/immunization as per the Animal Birth Control Rules, 2023, not to release captured dogs back onto streets, maintain detailed records, create a helpline and ensure timely medical treatment to victims; these directions were issued to safeguard human fundamenta…

  • Dog bites
  • Rabies
  • Stray dogs
  • Animal birth control rules, 2023
  • Fundamental rights (article 21)
  • Shelters/pounds
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Environmental law

MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS. versus PANKAJ BABULAL KOTECHA & ORS.

Although historical material indicated a water body had existed, there was insufficient evidence that it remained a functional pond at the relevant time; the park, after years of public use, provides substantial ecological and social benefits, demolition would cause immediate environmental harm and waste public funds, and the delay in instituting proceedings created an irreversible fait accompli; therefore the High Court's direction to restore the pond was inappropriate and the appeal was allowed with directions to preserve the park and explore alternative compensatory measures.

  • Public trust doctrine
  • Restoration of water bodies
  • Delay in seeking judicial intervention (laches/fait accompli)
  • Sustainable urban development
  • Change in land use
  • Environmental remediation
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Public interest litigation

KANIZ AHMED versus SABUDDIN & ORS.

The High Court rightly exercised public interest jurisdiction in directing eviction and demolition of unauthorised construction; courts must adopt a strict approach and not allow regularisation of constructions put up in violation of statutory permissions, consistent with directions in Rajendra Kumar Barjatya (2024 INSC 990).

  • Unauthorised construction
  • Eviction
  • Demolition
  • Regularisation of buildings
  • Deployment of police force
  • Rule of law
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Municipal law

SANJAY SADASHIV BENDRE & ANR. versus THE STATE OF MAHARASHTRA & ORS.

In the absence of any express legislative or regulatory pronouncement to the contrary, the specific retirement prescriptions contained in the Municipal Service Regulations, 1954 (which place Leading Fireman/Tandel in the "inferior service" with retirement at 60) are not displaced by the broader recruitment classification in the Pune Municipal Corporation (Recruitment & Classification of Services) Rules, 2014; accordingly, the reclassification to Class III does not validly reduce the retirement age to 58 and the High Court's conclusion to that effect was reversed.

  • Retirement age
  • Classification of services
  • Statutory interpretation
  • Recruitment rules
  • Harmonious construction
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.