#writ petition

The Chhattisgarh High Court held that a District Magistrate's role under Section 14 of the SARFAESI Act is strictly ministerial and does not extend to adjudicating third-party rights or title disputes arising from subsequent sales. The court set aside the DM's order rejecting the secured creditor's application on the ground of a subsequent sale, directing fresh disposal within 30 days.

The court quashed cancellation of a Scheduled Caste child's RTE admission, holding distance norms cannot be rigidly enforced where a Division Bench ordered their removal for unaided schools and compliance would cost the child an academic year. The ruling affirms procedural barriers cannot override substantive educational access for disadvantaged groups.

The Gujarat High Court ruled that a minor’s temporary move due to a parent’s job transfer does not break continuous residence for a domicile certificate. It quashed the rejection and ordered issuance within three weeks, affecting minors facing parental transfers.

A Jharkhand-SC migrant’s caste is judged by Odisha’s Presidential notification, which labels Bhuiya caste as a tribe, denying him ST benefits. The Orissa HC held that migrants cannot export their home state’s SC/ST status, affecting reservation claims.

The Orissa High Court struck down the August 18, 2020 resolution withdrawing SGST reimbursement for cement units under IPR 2015, calling it arbitrary and unconstitutional. The ruling safeguards investors who had undertaken substantial investments based on the original incentive, reinforcing the doctrine of legitimate expectation.

A mother, as a single parent, may obtain her child's passport without the father's consent under Passport Rules 1980 §§4(A)(3)(a),4(3), as held by Gujarat HC. It directed the Regional Passport Authority to issue the passport within eight weeks.

The Delhi High Court directed masking of identity markers in quashed criminal orders to shield the petitioner’s family from harassment, upholding a right to be forgotten under Article 21. This lets those with quashed criminal cases seek removal of personal details from public court records to prevent ongoing stigma.

The Delhi High Court allowed medical termination of pregnancy for a 16-year-old rape survivor at 31 weeks, ruling that her reproductive autonomy under Article 21 outweighs the 24-week ceiling in the MTP Act. The decision expands access to safe abortion for minor survivors of sexual violence facing grave mental injury.

Advocates providing legal services are exempt from service tax under Notifications 25/2012-ST and 30/2012-ST, as held by the Gujarat High Court, which quashed tax demands under the Finance (Service Tax) Act, 1994. This removes service tax liability on advocates' professional fees across the state.

The Allahabad HC held a writ under Article 226 for admitted dues maintainable despite state's plea, directing payment of Rs 18,79,197 at 6% interest within three months and affirming that financial constraints cannot override a settled legal obligation.

The Madras HC held that 'spell' in Rule 22(2)(c) of the TN Suspension of Sentence Rules, 1982 means an instalment, entitling prisoners to forty days of leave in two instalments, and granted the petitioner fourteen days of leave without escort.

The Calcutta High Court directed police to ensure senior citizens’ entry into their self-acquired property within three days’ notice, providing assistance if obstructed, while preserving any ongoing matrimonial proceedings.

A Section 16 jurisdictional objection decision constitutes an interim award challengeable under Section 34 of the Arbitration Act, 1996. The MP HC ruling lets parties challenge such jurisdictional orders, affecting arbitration under the Act.

HC quashed selection of candidate for EWS reserved Assistant Professor post, ruling Section 3(3) Uttarakhand EWS Act, 2019 bars bypassing eligible EWS applicant when no suitability cut off exists. It safeguards EWS reservation rights in public jobs.

The Orissa High Court quashed the Collector's eviction order and show cause notice, holding that under the OPLE Act, 1972 only the Tahasildar may issue eviction notices after giving reasonable opportunity. The ruling affects landowners and authorities in Odisha, clarifying that eviction proceedings must commence at the Tahasildar level, not the Collector.