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Family law

GAUTAM KUMAR DAS versus NCT OF DELHI AND OTHERS

Given that the appellant is the only surviving natural guardian, is fit (employed, resident in Delhi, remarried with female support), and that the welfare of the child is best served by living with her natural family, the temporary custody by the sisters-in-law cannot defeat the father's claim; on these facts the writ remedy was appropriately exercised and custody must be handed to the father with specified visitation rights.

Source excerpt

  • Custody of minor child
  • Habeas corpus in custody matters
  • Guardians and wards act, 1890
  • Natural guardian
  • Visitation rights
  • Welfare of the child
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Constitutional law

ST. MARY’S EDUCATION SOCIETY & ANR. versus RAJENDRA PRASAD BHARGAVA & ORS.

A writ petition under Article 226 is not maintainable against a private unaided minority educational institution to challenge termination or other service decisions of non-teaching staff where the action is purely contractual and lacks a public law element; judicial review lies only where the body discharges public functions and the challenged action has a direct nexus with performance of that public duty or is governed by statutory provisions. The Division Bench's contrary holding was set aside and the writ petition dismissed as not maintainable.

Source excerpt

  • Article 226
  • Public function vs private function
  • Maintainability of writ petitions
  • Cbse affiliation byelaws
  • Minority educational institutions
  • Service termination
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Constitutional law

STATE OF U.P. versus SUDHIR KUMAR SINGH AND ORS.

The High Court’s judgment quashing the tender cancellation was upheld on the ground that the Corporation’s cancellation and related inquiry were conducted ex parte in breach of the audi alteram partem rule and that prejudice to the bidder (Respondent No.1) was established; however the Supreme Court set aside the High Court’s quashing insofar as it nullified the Managing Director’s report dated 14.06.2019 and the Special Secretary’s order dated 16.07.2019, holding that those aspects were not challenged and any consequential action must proceed in accordance with law; earnest money and security…

Source excerpt

  • Natural justice
  • Audi alteram partem
  • Maintainability of writ petitions
  • Prejudice test
  • Judicial review of tender cancellation
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Constitutional law

PUNJAB NATIONAL BANK & ORS. versus ATMANAND SINGH & ORS.

The Supreme Court allowed the appeal holding that the High Court erred in entertaining and deciding the writ petition because the dispute involved complex and contested questions of fact, including the genuineness and existence of the alleged agreement and deposit transactions, which required evidence and trial rather than summary disposal in writ jurisdiction; therefore the High Court's decisions were set aside and the writ petition dismissed with liberty to pursue alternative remedies.

Source excerpt

  • Writ jurisdiction under article 226
  • Maintainability of writ petitions
  • Refund of money by public authority/bank
  • Disputed questions of fact requiring trial
  • Admissibility and genuineness of documents
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Administrative law

THE BHARAT COKING COAL LTD. & ORS. versus AMR DEV PRABHA & ORS.

The writ petition was not maintainable because the grievance of the petitioner was essentially private and monetary (contractual) in nature and did not demonstrate sufficient public law right or public interest; further, the record of concurrent findings by independent monitors and CERT-In/CVC established technical connectivity issues and bona fide conduct by BCCL and C1-India, and mere procedural lapses without mala fide do not warrant setting aside the award. The High Court's order quashing the LOA was therefore set aside and the writ petition dismissed.

Source excerpt

  • Judicial review of tenders
  • Maintainability of writ petitions
  • E-reverse auction procedures
  • Integrity pact and independent external monitors
  • Interpretation of notice inviting tender (nit)
  • Procedural impropriety vs. mala fide
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Constitutional law

PRATIBHA RAMESH PATEL versus UNION OF INDIA AND ORS.

Filing a writ petition under Article 32 before the Supreme Court, seeking identical reliefs as a pending writ petition under Article 226 before the High Court, is not maintainable and amounts to abuse of process.

Source excerpt

  • Maintainability of writ petitions
  • Jurisdiction under articles 32 and 226
  • Legislative competence regarding co-operative societies
  • Sarfaesi act applicability
  • Enforcement of security interest and recovery of debts laws (amendment) act, 2012
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Constitutional law

INDIAN BANK versus GODHARA NAGRIK COOPERATIVE CREDIT SOCIETY LTD. AND ANOTHER

Where genuine depositors in cooperative societies are not involved in a fraudulent banking scam, the court may direct banks to release amounts due, subject to precautions and determination of genuineness, while clarifying such directions are not precedent and judicial review is limited in contractual matters unless arbitrariness is shown.

Source excerpt

  • Maintainability of writ petitions
  • Enforcement of contracts
  • Constructive liability
  • Fraud in banking transactions
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Labour law

FOOD CORPORATION OF INDIA & ANR. versus PALA RAM & ORS.

The Notification dated 9.12.1976 prohibiting contract labour in Food Corporation of India establishments, having been withdrawn by the Central Government in 1992, did not attain finality and thus was not saved by Steel Authority of India Ltd. case. Writ petitions by employees and Unions were not maintainable due to lack of foundational facts and absence of valid Notification. Benefit of judgments or action taken was confined to Sangrur District; extension to other units was not justified without proper consideration.

Source excerpt

  • Contract labour
  • Abolition of contract labour
  • Scope and withdrawal of government notification
  • Direct employment status
  • Maintainability of writ petitions
  • Test for recruitment
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Constitutional law

NATURAL GAS CORPORATION LTD. versus CITY & INDUST. DEV. CORPN., MAHARASHTRA AND ORS.

A committee comprising specified officers should be constituted to resolve disputes between Central Government and State Government entities, reflecting the principle that such disputes should not ordinarily be litigated but resolved by coordination and discipline at the government level.

Source excerpt

  • Maintainability of writ petitions
  • Disputes between central and state government entities
  • Resolution mechanism for government disputes
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Military law

UNION OF INDIA AND ORS. versus RANBIR SINGH RATHAUR AND ORS.

A fresh writ petition to challenge the same orders previously dismissed by the High Court and affirmed by Supreme Court is not maintainable; High Court erred by re-opening matters already concluded; preliminary objections regarding maintainability must be decided first.

Source excerpt

  • Maintainability of writ petitions
  • Review by fresh writ petition
  • Court martial proceedings
  • Res judicata
  • Termination from service
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.