Medical education -- Establishment of medical college - Withdrawal of Essentiality Certificate (EC) - State Government has power to withdraw EC where it is obtained by playing fraud on it or where very substratum on which EC was granted vanishes or any other reason of like nature...........
Medical education -- Establishment of medical college - Grant of Essentiality Certificate (EC) and Consent of affiliation (CoA) - EC was first issued conditionally in the year 2004 subject to removal of deficiencies and since then 17 years elapsed, appellant is unsuccessful in removing deficiencies - In both inspections in 2015 and 2020, it was found that appellant..........
Protection to life and liberty -- Major girl, in love, detained by her family - Such detention or custody is illegal and contrary to constitutional mandate - Major girl is entitled to take her own decisions and is entitled to lead her life as she pleases - Nothing observed during hearings that girl is incapable of ascertaining a free will - Liberty granted to her to go..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any construction or changing nature of property - Defendant already got permission to change the use of land from competent authority and started construction thereof, as he purchased specific portion of property through a registered sale deed - Once permission for changing..........
Civil Procedure Code, 1908, Section 25 -- Transfer of testamentary case - Testamentary case is pending in High Court of Uttarakhand and its transfer sought to District Court Delhi - Since Will set up by petitioner covers properties located both in Nainital and Delhi, both these Courts have concurrent jurisdiction - But in view of S.273 Proviso (b) of Succession Act,..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Court cannot fix or determine quantum of victim compensation u/s 357-A Cr.P.C, rather Court has power only to recommend to District or State Legal Service Authority to pay compensation, without quantifying the amount, which has to be quantified and assessed adequately by the State or District Legal..........
Criminal Procedure Code, 1973, Section 438, 357A -- Anticipatory bail - Granted with condition to pay victim compensation - Offence u/ss 420, 406 IPC - Bail was granted on merits after considering relevant considerations - Court imposed a condition that accused jointly will pay Rs.1 lakh victim compensation on submission made by accused at the time of hearing that they are..........
Civil Procedure Code, 1908, Section 80(2) -- Suit against government without issuing notice - Interim relief - Can only be granted when leave to institute suit against Government without notice is granted and then only interim relief can be granted after hearing the State - In the instant case interim relief granted when leave had been refused - Prior to grant of leave,..........
Service -- Payment of deferred salary and pension - Interest - Salaries and pensions of State Government employees deferred due to financial crisis in State in view of COVID-19 Pandemic - However, State Government has complied with directions of SC for payment of outstanding dues in two tranches - Insofar as interest is concerned, rate of 12% interest p.a as fixed by High..........
Govt.Land/Panchayat land -- Un-authorised occupation - Regularisation - Persons in illegal occupation of Government Land/Panchayat land cannot as a matter of right claim regularisation - Regularisation of illegal occupation of Government land/Panchayat land can only be as per policy of State Government and conditions stipulated in Rules - If it is found that conditions..........
