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Delhi Airport Disruptions: 97 Flights Cancelled, 150 Delayed Amid Regional Tensions

Trending Today Delhi Airport Disruptions: 97 Flights Cancelled, 150 Delayed Amid Regional Tensions Stalker Arrested for Chemical Attack on Female Advocate Amid Months of Harassment Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Supreme Court Upholds Bar Council of India’s Power to Conduct All India Bar Exam for Advocates Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Delhi Airport Disruptions: 97 Flights Cancelled, 150 Delayed Amid Regional Tensions MAHI SINHA 12 May 2025 Delhi’s Indira Gandhi International Airport saw major travel disruptions as 97 flights were cancelled and over 150 delayed due to heightened security and airport closures linked to tensions with Pakistan. Major Flight Disruptions at Delhi Airport Amid Tensions Indira Gandhi International Airport in Delhi faced significant disruption on Sunday, with 97 flights cancelled and over 150 delayed. These issues followed the closure of airports across northern and western India due to escalating regional tensions with Pakistan, despite a ceasefire agreement announced just a day earlier. Breakdown of Cancelled and Delayed Flights Out of the 97 cancellations: 96 were domestic flights, split between 44 arrivals and 52 departures. One international flight, AI-139 to Tel Aviv, Israel, was cancelled. According to FlightRadar, over 150 aircraft were delayed on Sunday, with delays averaging 15 minutes. The previous day was worse, with more than 200 delays and 60 cancellations. Closure of 32 Border-State Airports for Security The disruption stems from the temporary closure of 32 airports in states close to the India–Pakistan border. The Directorate General of Civil Aviation (DGCA) stated the closures, due to operational and security reasons, will last from May 9 to May 14, 2025. These airports are primarily located in India’s north, northwest, and western regions, making Delhi Airport a critical hub during this period. Delhi Airport Remains Operational Despite widespread closures, Delhi Airport continues to operate and serve as the main aviation hub for northwest India. Flights are also running from nearby cities like: Dehradun Lucknow Jaipur These cities provide limited backup for rerouted passengers and emergency operations. Stringent Security Measures Implemented To manage heightened risks, the Bureau of Civil Aviation Security (BCAS) has ordered: Enhanced screening at all airports Mandatory Supplementary Ladder Point Checking (SLPC) Restricted terminal access for non-travelers Additional vehicle and perimeter security checks Travelers are advised to arrive at least three hours early and expect extended waiting times. CISF Takes Charge of Baggage and Cargo Security The Central Industrial Security Force (CISF) has been given expanded oversight, including control over: The In-line Hold Baggage Screening System (ILHBSS) Cargo operations Access control and spot inspections DIG Ajay Dahiya, chief PRO of CISF, confirmed that their forces have been deployed to supervise critical airport infrastructure and improve security readiness during this sensitive period. Delhi Airport’s Advisory and Operational Status Delhi Airport announced, “Operations are normal,” but acknowledged that airspace restrictions and tightened security may cause processing delays at check-in and security. Passengers are urged to stay updated with their airlines and travel with additional time to avoid missed flights. Conclusion: Stay Informed and Travel Smart The situation at Delhi Airport highlights how geopolitical tensions can significantly impact air travel. With airport closures in border areas and increased security nationwide, passengers must plan accordingly.Stay informed, follow airline alerts, and prepare for longer wait times. As operations gradually stabilize, the proactive efforts by agencies like BCAS, CISF, and DGCA aim to ensure both passenger safety and smooth travel. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Live Cases Delhi Airport Disruptions: 97 Flights Cancelled, 150 Delayed Amid Regional Tensions Delhi Airport Disruptions: 97 Flights Cancelled, 150 Delayed Amid Regional Tensions Sada Law • May 12, 2025 • Live cases • No Comments Stalker Arrested for Chemical Attack on Female Advocate Amid Months of Harassment Stalker Arrested for Chemical Attack on Female Advocate Amid Months of Harassment Sada Law • May 12, 2025 • Live cases • No Comments Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Sada Law • May 12, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Stalker Arrested for Chemical Attack on Female Advocate Amid Months of Harassment

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Trending Today Stalker Arrested for Chemical Attack on Female Advocate Amid Months of Harassment Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Supreme Court Upholds Bar Council of India’s Power to Conduct All India Bar Exam for Advocates Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Stalker Arrested for Chemical Attack on Female Advocate Amid Months of Harassment MAHI SINHA 12 May 2025 A female advocate in Hazratganj faced a chemical attack by a stalker, Shilu Nishad, after months of harassment. Authorities arrested the perpetrator, highlighting the urgent need to combat stalking and threats against women. Stalker Arrested for Chemical Attack on Female Advocate Harassment Escalates to Chemical AssaultA shocking incident unfolded in Hazratganj, where a female advocate was attacked with a chemical resembling acid. The assailant, identified as Shilu Nishad, had been stalking and threatening the victim for months. The attack occurred late Saturday night in the advocate’s chambers. Fortunately, the victim sustained only minor injuries, but the traumatic event highlighted the dangers of prolonged harassment. Police Action: FIR Filed and Arrest Made Following the attack, an FIR was lodged against Shilu Nishad, a resident of Auraiya. Vikram Singh, the Station House Officer (SHO) of Hazratganj, confirmed that the accused was arrested and is now in police custody. A History of Threats and Stalking The victim revealed a troubling history of threats, including rape and death threats, from the accused. Nishad allegedly used fake social media profiles featuring her images to harass her. He also threatened her friends and colleagues, forcing her to avoid court appearances and live in constant fear. Timeline of Harassment Start of Harassment: The ordeal began on September 27 of last year. Social Media Abuse: Nishad created fake profiles, claiming connections to law enforcement. Previous Complaints: The victim filed complaints in Bijnor and Ghaziabad. Despite his earlier arrest, the threats resumed after his release on bond. Community Response and Support The attack has sparked outrage among activists, who stepped in during the assault and detained the perpetrator until police arrived. This incident underscores the need for stricter measures to combat stalking and protect vulnerable individuals. Conclusion: Raising Awareness on Stalking and Harassment This case is a stark reminder of the persistent dangers of stalking and harassment faced by women. It highlights the importance of taking immediate action against such threats to ensure safety and justice. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Live Cases Stalker Arrested for Chemical Attack on Female Advocate Amid Months of Harassment Stalker Arrested for Chemical Attack on Female Advocate Amid Months of Harassment Sada Law • May 12, 2025 • Live cases • No Comments Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Sada Law • May 12, 2025 • Live cases • No Comments Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Sada Law • May 12, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis

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Trending Today Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Supreme Court Upholds Bar Council of India’s Power to Conduct All India Bar Exam for Advocates Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Supreme Court Dismisses Noida Toll Company’s Appeal Against DND Flyway Toll Judgment: Highlights Public Interest Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis MAHI SINHA 12 May 2025 The Patna High Court rules that mandatory retirement for unapproved absences is excessive. In this blog, we explore the case of Deo Narayan Singh and its impact on disciplinary actions in the CISF. The Penalty of Mandatory Retirement is Too Severe for Merely Unapproved Absences: Patna High Court Ruling The Patna High Court recently made a significant ruling regarding the mandatory retirement of a CISF constable, finding that the penalty was excessively harsh for an unapproved absence. Led by Justice Purnendu Singh, the one-judge bench overturned the disciplinary action, deeming the punishment disproportionate under the constitutional framework. Background of the Case In 2010, Deo Narayan Singh, a constable with the CISF in Dhanbad, faced disciplinary charges based on a complaint filed by Sahdeo Thakur, a loading clerk. The accusations centered around three points: Missing Night Duty: Singh allegedly missed two hours of his night shift on July 29, 2010. Misconduct: He was accused of leaving his post and having an altercation with Thakur at around 1 AM that same night. Past Disciplinary Issues: Singh had previously faced eleven disciplinary actions during his service. Following an investigation under Rule 36 of the CISF Rules, Singh was found guilty and given the extreme punishment of compulsory retirement with full pension and gratuity. The Legal Arguments Presented Defense Argument: Mr. Bhairaw Sharma, representing Singh, argued that the punishment was far too severe, especially considering the nature of the accusations. He highlighted the lack of a preliminary show-cause notice and argued that Singh was not given adequate opportunity to defend himself, which violated the principles of natural justice. Referring to the case of Union of India v. R.K. Sharma, Sharma pointed out that similar cases had resulted in the remanding of the punishment for a more reasonable decision. Prosecution Argument: On the other hand, Mr. Radhikaraman, representing the Union of India, argued that Singh had not provided any proof to suggest that he was denied a show-cause notice or a preliminary inquiry. He asserted that the original decision should stand, as no procedural errors had been made. Court’s Findings and Ruling Natural Justice Violation: The court noted that the Union had failed to provide sufficient details about whether Singh had been allowed a chance to explain his side of the story. Although a preliminary inquiry had been conducted, the court ruled that Singh had not been heard adequately, violating the principles of Natural Justice. Punishment Overturn: Acknowledging that the allegations against Singh were substantiated, the court referred to the Amrender Kumar Pandey v. Union of India case. The court found that compulsory retirement in such cases was excessive and ordered the Disciplinary Authority to reconsider the punishment. The court emphasized that mandatory retirement was disproportionate for a simple unapproved absence. Constitutional Considerations: The court also invoked Article 21 of the Indian Constitution, arguing that excessive penalties like mandatory retirement violate a person’s right to life and liberty. The judgment further stressed that such a penalty would be deemed irrational under Article 14 of the Constitution, which ensures equality before the law. Conclusion The Patna High Court’s decision sheds light on the importance of fairness and proportionality in disciplinary actions. By overturning the penalty of mandatory retirement, the court reinforced the need for due process and adherence to constitutional principles, including natural justice. This case serves as an important reminder of the necessity for disciplinary authorities to evaluate punishments in a fair and reasonable manner, ensuring that justice is served. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Live Cases Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Sada Law • May 12, 2025 • Live cases • No Comments Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Sada Law • May 12, 2025 • Live cases • No Comments How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus Sadalaw Publications • May 11, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep?

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Trending Today Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Supreme Court Upholds Bar Council of India’s Power to Conduct All India Bar Exam for Advocates Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Supreme Court Dismisses Noida Toll Company’s Appeal Against DND Flyway Toll Judgment: Highlights Public Interest Justice Surya Kant Appointed as NALSA’s Executive Chairman Effective May 14, 2025 Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? MAHI SINHA 12 May 2025 A senior Pakistan Air Force officer acknowledges military involvement in the 2019 Pulwama attack, raising questions about Pakistan’s longstanding denials. Read more about this pivotal revelation. Introduction to the Pulwama Attack Revelation In a shocking revelation, Air Vice Marshal Aurangzeb Ahmed, a senior officer in the Pakistan Air Force, admitted the military’s involvement in the 2019 Pulwama terror attack. This statement, made during a press conference alongside Lt Gen Ahmed Sharif Chaudhry, directly contradicts years of official denials from Pakistan. The Pulwama Attack: What Happened? On February 14, 2019, a Jaish-e-Mohammed (JeM) suicide bomber targeted a convoy of CRPF personnel, resulting in 40 casualties. Despite JeM’s claim of responsibility, Pakistan repeatedly denied involvement. India later provided a dossier linking the bomber, Adil Ahmad Dar, to JeM’s Bahawalpur base. Aurangzeb Ahmed’s Shocking Admission During the press conference, Ahmed highlighted the Air Force’s strategic role:“We tried to tell them with our tactical brilliance in Pulwama. Through our tactical mastery, we attempted to communicate our operational development and strategic insight,” he said. This admission raises questions about Pakistan’s involvement in other incidents, including the Pahalgam terror attack. Khawaja Asif’s Controversial Statement Adding to the controversy, Pakistan’s Defense Minister, Khawaja Asif, recently admitted in an interview with Sky News that Pakistan harbored terrorists for over 30 years. He described these actions as “dirty work” done for Western powers, including the United States and Britain. India’s Response: Balakot Airstrikes In retaliation for Pulwama, India conducted airstrikes on a JeM training camp in Balakot using Mirage 2000 jets. The operation sparked an aerial battle in which Indian pilot Abhinandan Varthaman was captured and later released by Pakistan. A Pattern of Denial and Contradiction Pakistan’s repeated denials of involvement in terror activities, including the Pahalgam attack, are increasingly undermined by such revelations. Ahmed’s statement, combined with Asif’s remarks, paints a troubling picture of state-sponsored terrorism. Conclusion: The Impact of Ahmed’s Statement This admission by a senior Pakistan military officer is a watershed moment. It challenges Pakistan’s narrative and raises serious concerns about regional stability and counter-terrorism efforts. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Live Cases Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Sada Law • May 12, 2025 • Live cases • No Comments How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus Sadalaw Publications • May 11, 2025 • Live cases • No Comments Supreme Court Dismisses Noida Toll Company’s Appeal Against DND Flyway Toll Judgment: Highlights Public Interest Supreme Court Dismisses Noida Toll Company’s Appeal Against DND Flyway Toll Judgment: Highlights Public Interest Sada Law • May 11, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Supreme Court Upholds Bar Council of India’s Power to Conduct All India Bar Exam for Advocates

Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023)

Leave a Comment / 2023, Case law / Sada Law

Trending Today Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Supreme Court Dismisses Noida Toll Company’s Appeal Against DND Flyway Toll Judgment: Highlights Public Interest Justice Surya Kant Appointed as NALSA’s Executive Chairman Effective May 14, 2025 Supreme Court Weighs Shift from Five-Year to Four-Year Law Degree Citing NEP 2020 India-Pakistan Agree to Full and Immediate Ceasefire After U.S. Mediation, Confirms Donald Trump Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) NITU KUMARI 12 May 2025 Explore the landmark Supreme Court judgment in Adivasis for Social and Human Rights Action v. Union of India (2023), clarifying the rights of non-tribals in Scheduled Areas, the role of the Governor, and the applicability of state and union laws. Introduction: Understanding Scheduled Areas and Tribal Rights Scheduled Areas in India are designated under the Fifth Schedule of the Constitution to safeguard the interests of Scheduled Tribes (STs). However, questions have long been raised about the rights of non-tribal communities, particularly concerning settlement, voting rights, and the applicability of state and union laws in these regions. This issue came to the forefront in the Supreme Court case: Adivasis for Social and Human Rights Action v. Union of India, decided on May 10, 2023. Case Background: Adivasis for Social and Human Rights Action v. Union of India Facts of the Case In 1977, the President of India declared the entire Sundargarh district in Odisha as a Scheduled Area under Clause 6(2) of the Fifth Schedule. The petitioner, a society advocating for tribal rights, argued that only Scheduled Tribes should have the right to reside and vote in these areas. It also claimed that unless the Governor issued a specific notification under Clause 5(1) of the Fifth Schedule, state or central laws could not be automatically applied to Scheduled Areas. The High Court of Orissa dismissed the petition, leading to an appeal before the Supreme Court of India. Legal Issues Raised Key Questions Before the Court: Can Union and State laws apply in Scheduled Areas without a Governor’s notification? Do non-tribals have the right to settle in Scheduled Areas? Can non-ST individuals vote or contest elections in Scheduled Areas? Supreme Court Judgment: Upholding Constitutional Rights Applicability of Laws The Supreme Court held that Union and State laws apply by default in Scheduled Areas unless the Governor issues a notification under Clause 5(1) of the Fifth Schedule. Right to Settle in Scheduled Areas Relying on Article 19(1)(e) of the Constitution, the Court emphasized that every Indian citizen—including non-tribals—has the right to reside and settle anywhere in the country. Voting and Electoral Rights The Court ruled that the Representation of the People Act, 1950 governs voting rights and does not restrict non-tribals from voting in Scheduled Areas. Reservations for STs apply only to specific constituencies, as per Articles 330 and 332 of the Constitution and the Delimitation Act, 2002. Governor’s Powers vs. Fundamental Rights While the Governor has special powers under the Fifth Schedule, these powers cannot override Fundamental Rights guaranteed in Part III of the Constitution. The Court cited the precedent of Chebrolu Leela Prasad Rao v. State of Andhra Pradesh, reiterating that: All Union and State laws remain applicable unless the Governor states otherwise. The Governor’s authority must comply with constitutional provisions and fundamental rights. Conclusion: A Balanced Approach to Tribal and Non-Tribal Rights The Supreme Court’s ruling promotes a balanced governance approach in Scheduled Areas. It affirms: The constitutional rights of non-tribal communities. The limited and regulated use of the Governor’s discretion. The importance of inclusive democracy respecting both tribal interests and individual freedoms. Key Takeaways Scheduled Areas are governed by state and union laws, unless modified by the Governor. Non-tribals have a constitutional right to live and vote in Scheduled Areas. The Governor’s powers under the Fifth Schedule are not absolute and must align with Fundamental Rights. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) Sada Law • May 12, 2025 • Case law • No Comments Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Sada Law • May 11, 2025 • Case law • No Comments Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Sada Law • May 11, 2025 • Case law • No Comments 1 2 3 … 5 Next »

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Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Jyostnamayee Mishra Case Analysis

Leave a Comment / 2025, Case law / Sada Law

Trending Today Pakistan Admits Aircraft Damage After Precision Indian Strikes in Operation Sindoor Rahul Gandhi Faces Court Complaint Over “Mythological” Remark About Lord Rama in US Delhi Airport Disruptions: 97 Flights Cancelled, 150 Delayed Amid Regional Tensions Stalker Arrested for Chemical Attack on Female Advocate Amid Months of Harassment Patna HC Rules Mandatory Retirement for Unapproved Absences as Excessive: A Case Analysis Pakistan Air Force Officer Admits Role in Pulwama Attack: Tactical Brilliance or Strategic Misstep? Supreme Court Upholds Bar Council of India’s Power to Conduct All India Bar Exam for Advocates Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) How Global Powers Reacted to the India-Pakistan Standoff: A Nuclear Flashpoint in Focus Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Jyostnamayee Mishra Case Analysis NITU KUMARI 11 May 2025 The Supreme Court of India ruled that posts meant exclusively for direct recruitment cannot be claimed through promotion. Read the detailed case analysis of Jyostnamayee Mishra v. State of Odisha (2025 INSC 87) and the implications under Article 14 of the Indian Constitution. Supreme Court Judgment 2025 – No Promotion Allowed for Direct Recruitment Posts In a significant ruling dated January 20, 2025, the Supreme Court of India held that government employees cannot claim promotion to posts meant exclusively for direct recruitment. The case, Jyostnamayee Mishra v. State of Odisha, underscores the need for adherence to recruitment rules and the importance of public advertisement in such appointments. Background of the Case Initial Appointment and First Legal Challenge Jyostnamayee Mishra was appointed as a Peon in the Odisha State Government in 1978. In 1999, she requested to be appointed as a Tracer, a position governed by the Orissa Subordinate Engineering Service Rules, 1979, which mandates direct recruitment for such posts. When the State failed to act on her request, she approached the Orissa Administrative Tribunal, which instructed the State to decide her representation. The State responded that the Tracer post was not promotional and would be filled through a competitive process. Multiple Litigations and Tribunal Orders Despite the initial denial, Mishra continued litigation, leading to multiple tribunal orders, including one in 2016 directing her appointment even if it meant reverting a previously promoted employee. However, the Finance Department cited a recruitment ban as the reason for denial. High Court and Supreme Court Proceedings After the Orissa High Court overturned the Tribunal’s decision, Mishra challenged the order before the Supreme Court via Special Leave Petition (SLP) No. 13984 of 2023. Key Legal Issues This case raised critical constitutional and procedural questions: Can a post meant for direct recruitment be filled by promotion? Can a government department circulate vacancies internally instead of issuing a public advertisement? Can Article 14 be invoked to justify promotions based on past illegal appointments? Supreme Court’s Findings and Observations Rules for Direct Recruitment Must Be Followed The Supreme Court clarified that the post of Tracer is not a promotional post under the 1979 Rules. It ruled that filling such posts through promotion violates Rule 5(1)(e) and Rule 7, which require public advertisement and open competition. “The post of Tracer, not being a promotional post from the post of Peon, there is no merit in the claim of the petitioner,” the Court stated. No Equality in Illegality – Article 14 The Court rejected the petitioner’s reliance on Article 14, noting that previous illegal appointments do not create a legal right for others. “False hopes are created in the minds of employees if similarly situated individuals are granted benefits contrary to the Rules,” the judgment said. State’s Litigation Approach Criticized The State of Odisha was criticized for administrative negligence, failing to provide necessary documentation and relevant rules during the litigation process. Final Judgment The Supreme Court ultimately dismissed the SLP, ruling that the petitioner was not eligible for the Tracer post, and illegal appointments made in the past cannot serve as precedent. Conclusion and Legal Takeaways This case serves as an important reminder that: Public advertisement is mandatory for posts under direct recruitment. Promotions cannot override statutory rules. Article 14 does not justify claims based on past illegalities. Governments must follow proper recruitment protocols to avoid needless litigation. Leave a Reply Cancel Reply Logged in as Sadalaw Publications. Edit your profile. Log out? Required fields are marked * Message* Case Laws Supreme Court Upholds Bar Council of India’s Power to Conduct All India Bar Exam for Advocates Supreme Court Upholds Bar Council of India’s Power to Conduct All India Bar Exam for Advocates Sada Law • May 12, 2025 • Case law • No Comments Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) Legal Rights of Non-Tribals in Scheduled Areas: Supreme Court’s Verdict in Adivasis for Social and Human Rights Action v. Union of India (2023) Sada Law • May 12, 2025 • Case law • No Comments Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Supreme Court: No Promotion for Posts Meant for Direct Recruitment – Nitu Kumari & Jyostnamayee Mishra Case Analysis Sada Law • May 11, 2025 • Case law • No Comments 1 2 3 … 5 Next »

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Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265

Leave a Comment / 2025, Case law / Sada Law

Trending Today Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Supreme Court Dismisses Noida Toll Company’s Appeal Against DND Flyway Toll Judgment: Highlights Public Interest Justice Surya Kant Appointed as NALSA’s Executive Chairman Effective May 14, 2025 Supreme Court Weighs Shift from Five-Year to Four-Year Law Degree Citing NEP 2020 India-Pakistan Agree to Full and Immediate Ceasefire After U.S. Mediation, Confirms Donald Trump Suspected Drone Debris Found in Jaisalmer After Pakistan’s Border Attacks Indian Army Jawan Murali Naik Killed by Pakistan Firing Near LoC in Jammu & Kashmir Supreme Court Strikes Down 2020 Environmental Clearance Exemption for Roads and Pipelines Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 NITU KUMARI 11 May 2025 The Jharkhand High Court rules that GST authorities cannot deny a refund of statutory pre-deposit on limitation grounds. Learn how this landmark judgment protects taxpayer rights under Article 265 of the Constitution of India. GST Pre-Deposit Refund Cannot Be Denied on Limitation Grounds, Says Jharkhand High Court Introduction: A Major Win for GST Assessees In a landmark ruling, the Jharkhand High Court has clarified that GST authorities cannot reject refund claims of statutory pre-deposits merely due to the expiry of the limitation period under Section 54(1) of the CGST Act. This judgment reinforces the constitutional protection provided under Article 265 and affirms that such refunds are a statutory right of the assessee. Case Overview: BLA Infrastructure Pvt. Ltd. vs State of Jharkhand Case Title: M/s BLA Infrastructure Pvt. Ltd. vs State of JharkhandDate of Judgment: 18 April 2025Bench: Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan The petitioner, a registered dealer under the Goods and Services Tax Act, is engaged in the loading and transportation of coal. A Show Cause Notice under Section 74 of the JGST Act, 2017 was issued in January 2021 for a mismatch between GSTR-1 and GSTR-3B filings for September 2019. This resulted in an ex-parte order imposing a liability of ₹16,90,442, including tax, interest, and penalties. To file an appeal, the petitioner deposited 10% of the disputed tax as a statutory pre-deposit under Section 107(6)(b). After winning the appeal, they applied for a refund of the pre-deposit, but the application was rejected as time-barred under Section 54(1). Court’s Observations: Refund Is a Statutory Right The Division Bench emphasized that refund of a pre-deposit is a statutory exercise and cannot be denied using limitation clauses. The Court noted: “There is no dispute that once refund is by way of statutory exercise, the same cannot be retained by the State or Centre by taking aid of a provision which is directory in nature.” The Court highlighted that the use of the word “may” in Section 54 indicates discretion, not a mandatory requirement, and that denying refund based on limitation would be arbitrary and contrary to the Limitation Act, 1963. Rejection Quashed: Refund Must Be Processed The Deficiency Memo dated 06.11.2024, which rejected the refund application, was declared legally unsustainable. The Court ordered the GST Department to process the refund within six weeks, along with any applicable statutory interest. Key Takeaways for Taxpayers 1. Pre-deposit refunds are a statutory right 2. Limitation under Section 54(1) does not apply to such refunds 3. Authorities cannot interpret directory provisions as mandatory 4. Article 265 protects taxpayers from arbitrary retention of funds Conclusion: Upholding Assessee Rights in GST This judgment is a significant precedent for all GST assessees seeking refunds of statutory pre-deposits. It clarifies that such refunds are not subject to the usual GST refund time limits, reinforcing legal clarity and taxpayer protection under Indian tax law. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Jharkhand High Court: GST Refund of Pre-Deposit Can’t Be Denied Due to Limitation, Cites Violation of Article 265 Sada Law • May 11, 2025 • Case law • No Comments Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Sada Law • May 11, 2025 • Case law • No Comments Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Sada Law • May 11, 2025 • Case law • No Comments 1 2 3 … 5 Next »

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Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum

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Trending Today Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Supreme Court Dismisses Noida Toll Company’s Appeal Against DND Flyway Toll Judgment: Highlights Public Interest Justice Surya Kant Appointed as NALSA’s Executive Chairman Effective May 14, 2025 Supreme Court Weighs Shift from Five-Year to Four-Year Law Degree Citing NEP 2020 India-Pakistan Agree to Full and Immediate Ceasefire After U.S. Mediation, Confirms Donald Trump Suspected Drone Debris Found in Jaisalmer After Pakistan’s Border Attacks Indian Army Jawan Murali Naik Killed by Pakistan Firing Near LoC in Jammu & Kashmir Supreme Court Strikes Down 2020 Environmental Clearance Exemption for Roads and Pipelines Constitutional Challenge to Demonetisation: Supreme Court Judgment on RBI Act and Legal Validity of 2016 Currency Ban Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum NITU KUMARI 11 May 2025 The Uttar Pradesh State Consumer Commission rules that Indian consumer courts can hear complaints against WhatsApp under the Consumer Protection Act 2019. Learn about the Amitabh Thakur vs WhatsApp case and what it means for digital service users in India. Introduction: A Landmark Decision in Consumer Rights In a significant development for digital consumers in India, the Uttar Pradesh State Consumer Disputes Redressal Commission has ruled that WhatsApp can be held accountable under Indian consumer law. This decision emerged from the case of Amitabh Thakur vs WhatsApp, where the court recognized WhatsApp as a service provider operating in India and thus subject to Indian consumer jurisdiction. Background of the Case: Amitabh Thakur vs WhatsApp Who Filed the Complaint? Amitabh Thakur, the National President of the Azad Adhikar Sena and a former Indian Police Service (IPS) officer, filed a consumer complaint after experiencing a six-hour service disruption on WhatsApp. Thakur argued that the outage affected his professional activities and sought compensation for the inconvenience caused. Initial Rejection by District Consumer Forum The Lucknow District Consumer Disputes Redressal Commission initially rejected the complaint, stating that WhatsApp was not liable under Indian consumer law, and that users like Thakur were not considered “consumers” of the platform. UP State Commission’s Verdict: WhatsApp is a Service Provider in India WhatsApp Subject to Indian Consumer Law A committee led by State Commission President Sushil Kumar and Member Sudha Upadhyay overturned the district commission’s ruling. They emphasized that: “WhatsApp is a service provider company. It provides services in India, and thus, cannot be considered a foreign company exempt from Indian consumer laws.” WhatsApp Users Are Consumers The commission also clarified that anyone using WhatsApp’s features—especially those involving personal data sharing and communication services—qualifies as a consumer under the Consumer Protection Act, 2019. Final Order: Complaint Must Be Heard Within 90 Days The State Commission instructed the district forum to register Amitabh Thakur’s complaint as a valid consumer grievance. It further directed that the case be concluded within 90 days, as stipulated by the Consumer Protection Act. “The district forum’s earlier decision is set aside. The complaint must now be registered and resolved within the timeframe mandated by law.” Why This Ruling Matters: A Win for Digital Consumer Rights This case sets a powerful precedent. It affirms that digital platforms like WhatsApp are not above Indian consumer protection laws, and users experiencing service failures have the right to seek legal recourse and compensation. Conclusion The Amitabh Thakur vs WhatsApp ruling is a landmark moment in the digital rights movement in India. It opens doors for millions of Indian users to hold global tech platforms accountable when their services fail. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Indian Consumer Courts Can Hear Complaints Against WhatsApp, Rules UP Consumer Forum Sada Law • May 11, 2025 • Case law • No Comments Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Supreme Court Upholds Senior Citizens’ Right to Reclaim Property Under Section 23 of Maintenance and Welfare Act Sada Law • May 11, 2025 • Case law • No Comments Supreme Court Strikes Down 2020 Environmental Clearance Exemption for Roads and Pipelines Supreme Court Strikes Down 2020 Environmental Clearance Exemption for Roads and Pipelines Sada Law • May 9, 2025 • Case law • No Comments 1 2 3 … 5 Next »

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