Introduction: The question regarding the ability of a court to mandate the re-evaluation of examination papers in the absence of a specific statutory provision is a matter of great legal significance. The Supreme Court of India has consistently maintained that re-evaluation of examination papers is not a right that candidates can demand unless there is an explicit provision in the relevant rules or statutes. The jurisprudence pertaining to the re-evaluation of answer scripts in India is marked by a strong reluctance to interfere in the absence of statutory provisions. Nevertheless, the Supreme Court has made exceptions in situations where there are clear errors in evaluation or when statutory rights, such as those enshrined in the Right to Information (RTI) Act, are implicated. Together, these judgments underscore the importance of maintaining a balanced approach that respects the autonomy of educational institutions while ensuring fairness and accuracy in the evaluation process.
Continue reading “Legal Perspectives on Re-Evaluation of Answer Sheets – Key Judgments”Author: lawumbrella
Advocate Deven Khanna, an alumnus of the esteemed National Law School, is currently engaged in legal practice at the High Court of Himachal Pradesh and the Supreme Court of India. His practice primarily focuses on areas such as Civil liberties, Constitutional law, Writs, Labour and Service matters, Public Interest Litigations, and Bail matters.
His academic contributions include articles in national journals, judging moot courts, and presentations at various legal conferences. He is committed to advancing legal education.
For inquiries, he can be contacted at khannadeven@gmail.com or on mobile at 7018469792.
A Dive into Ex Parte Decree Nuances: Legal Insights from Shakuntla Devi’s Court Battle
The story begins with Dhani Chand, a man bound in matrimony to Kushla Devi. As often happens in the complex tapestry of human relationships, their union unraveled, leading Dhani Chand to seek solace in the arms of the law. He filed a petition for the dissolution of marriage, a plea to untie the nuptial knot that had bound him to Kushla. The case, registered as HMP No. 54-P/III/2004, was a silent cry for release from the vows once cherished.
However, fate played its cruel hand when the summons, the heralds of this legal battle, failed to find Kushla. Lost in the labyrinth of administrative procedures, the notices sought Kushla at an incorrect address. Unaware and unreachable, Kushla remained oblivious to the legal storm brewing in the courts of Dharamshala.
The court, following the rhythm of law rather than the melody of human nuances, proceeded ex parte. Dhani Chand’s plea was heard in the absence of Kushla, and the decree of divorce was granted, severing the bonds that once promised eternal companionship.
Continue reading “A Dive into Ex Parte Decree Nuances: Legal Insights from Shakuntla Devi’s Court Battle”High Court of Himachal Pradesh Orders Stringent Implementation of Solid Waste Management Laws
Shimla, Himachal Pradesh: In a significant development in the ongoing environmental case of Suleman vs. Union of India 2369 of 2018, the Himachal Pradesh High Court, presided over by Justice Tarlok Singh Chauhan, has taken a decisive step towards addressing the persistent issue of garbage and solid waste management in the state.
In the latest hearing on November 16, 2023, the court expressed concern over the lack of progress due to the disjointed efforts of various stakeholders. In an unprecedented move, the Chief Secretary to the Government of Himachal Pradesh, Mr. Prabodh Saxena, was summoned for a personal appearance. Accompanied by other high-ranking officials, Mr. Saxena assured the court of the state’s commitment to developing a clear roadmap for implementing environmental laws.
Continue reading “High Court of Himachal Pradesh Orders Stringent Implementation of Solid Waste Management Laws”Examining the Arbitrariness in Public Resource Allocation: A Critical Analysis of the Una Plot Case
In the state of Himachal Pradesh, a legal conundrum caught the judiciary’s attention. At its core, the case of Anil Spatia and Others vs. State of Himachal Pradesh CWP No. 7364 of 2012 revolved around the contentious allocation of a valuable industrial plot in Mehatpur, Una District. Initially designated for a noble public utility—an ESI Dispensary—this plot, number 145, unexpectedly became the center of a commercial lease to a private cement industry. This pivot from public service to private enterprise raised critical questions about fairness, transparency, and adherence to constitutional principles in the allocation of public resources. As the High Court of Himachal Pradesh delved into the intricacies of this case, it wasn’t just about a piece of land; it was a narrative about ensuring justice and equity in the face of potential administrative overreach. The courtroom drama that ensued was not only a legal battle but also a reflection of the enduring struggle to balance public good against private interests.
Can Contractual Employees once regularized, be entitled to the same benefits as their regularly employed counterparts? – The case of HRTC employees (2023)
In a pivotal judgment by the Himachal Pradesh High Court in Vikram Singh vs. State, CWPOA No. 2343 of 2020, Justice Bipin Chander Negi tackled the significant issue of regularization of contractual employees in the Himachal Road Transport Corporation (HRTC). This saga began with the HRTC’s inclusion of ‘contractual recruitment’ in 2003, a move that led to the hiring of 153 drivers under fixed-term contracts. The heart of the dispute lay in the inconsistent regularization of these drivers, some after 6 years of service, compared to others regularized merely after a year. The case presents a detailed examination of the equitable treatment of contractual employees in government services, addressing the nuances of employment law.
Continue reading “Can Contractual Employees once regularized, be entitled to the same benefits as their regularly employed counterparts? – The case of HRTC employees (2023)”The Right to Fair Compensation invoked in a case of land acquisition by the State
In the judgment of Basti Ram and Another vs. State of Himachal Pradesh, CWP No. 966 of 2021, the High Court of Himachal Pradesh, presided over by Justice Ajay Mohan Goel, addressed an issue concerning the right to fair compensation for land acquisition. Decided on November 1, 2023, this case underscores the constitutional rights of property owners under Article 300A and the necessity of following due legal process in land acquisition.
Continue reading “The Right to Fair Compensation invoked in a case of land acquisition by the State”Does A person have Construction Rights on a Jointly Owned Land Which Is Not Partitioned?
The legal case of Ghanshyam vs. Rishi Ram, presided over by Justice Sandeep Sharma, presents a scenario of a co-ownership dispute. Decided on November 2, 2023, this case delves into the intricacies of family partitions, the rights of co-owners, and the legitimacy of construction on jointly held land. This analysis aims to unravel the legal reasoning adopted by the court and the implications for co-ownership laws.
Detailed Analysis:
Continue reading “Does A person have Construction Rights on a Jointly Owned Land Which Is Not Partitioned?”Banwa Land Dispute: A Case Study of Property Rights, legitimacy of revenue records, and injunctions under CPC
The Banwa land dispute, adjudicated by Justice Sandeep Sharma of Himachal Pradesh High Court, offers a compelling insight into property rights and judicial processes in the State of H.P. The case, originating from a disagreement over land ownership in Village Banwa, Tehsil Arki, District Solan, progressed through various judicial phases, ultimately leading to a pivotal judgment. This report delves into the complexities of the case, unraveling the enduring impact of historical land records and the vital importance of timely legal action in land disputes. The plaintiffs’ failure to contest or correct the revenue records at crucial junctures significantly weakened their claim. This judgment cites precedents, explains the law of granting a temporary injunction, the scope of supervisory jurisdiction under Article 227 of the Constitution of India, and further reaffirms the legal tenet that mere possession or ancestral claims do not override well-documented and long-standing records unless adequately contested and legally rectified. Let’s dive right in!
Continue reading “Banwa Land Dispute: A Case Study of Property Rights, legitimacy of revenue records, and injunctions under CPC”Himachal Disaster (2023) and Landmark Cases on Environmental Accountability:
Nestled amidst the majestic Himalayas, Himachal Pradesh is often hailed as the ‘Abode of Gods.’ Its pristine landscapes, lush forests, and meandering rivers have long been a haven for nature enthusiasts. However, recent environmental challenges, particularly indiscriminate construction activities, improper waste disposal, and consequential disasters, have cast a shadow over this paradise. These pressing concerns not only highlight the immediate vulnerabilities of Himachal but also serve as a microcosm of the broader environmental challenges India faces. As we delve into India’s environmental legal journey, it’s imperative to understand the Himachal disaster as a poignant backdrop, a stark reminder of the delicate balance between development and conservation. This article, while tracing the evolution of environmental jurisprudence in India, underscores the urgency of addressing these challenges, with Himachal’s situation serving as a clarion call for action.
Continue reading “Himachal Disaster (2023) and Landmark Cases on Environmental Accountability: “Transfer of Judges – A Tool to Undermine the Institution of Justice
The article was first published 3 years ago on February 27, 2020 at https://himachalwatcher.com/2020/02/27/transfer-of-judges-a-tool-to-undermine-the-institution-of-justice/
Justice S. Murlidhar of the Delhi High Court, who was hearing a petition on the Delhi Riots, sharply condemned both the government and police on Wednesday. His scathing remarks questioned the workings of the police. Following it, orders for his immediate transfer came late at night the same day to the Punjab and Haryana High Court.
Continue reading “Transfer of Judges – A Tool to Undermine the Institution of Justice”A Scrutiny of Administrative Decisions: The Tale of Sub-Tehsil Bagshad versus Tattapani
Introduction:
In the intricate fabric of administrative law and governance, the creation of a Sub-Tehsil is primarily a matter of administrative convenience aimed at the efficient delivery of governmental services to the populace. However, when such administrative actions collide with public interest and perceived notions of fairness, they demand meticulous scrutiny. This article delves into a case where the creation of Sub-Tehsil Bagshad versus Tattapani in District Mandi raised complex questions about administrative decisions, public interest, and the scope of judicial review.
Continue reading “A Scrutiny of Administrative Decisions: The Tale of Sub-Tehsil Bagshad versus Tattapani”Balancing Professional Aspirations and State Requirements: The Recent Judgment on grant of NOC for Medical Fellowships
In the ever-evolving field of medicine, the pursuit of higher knowledge and specialization is a common aspiration for many medical professionals. However, this pursuit often finds itself at a crossroads with administrative decisions and state requirements. A recent judgment by Sandeep Sharma, J., brings this delicate balance to the forefront, as it delves into a case where a medical professional’s request for a No Objection Certificate (NOC) to pursue a post-doctor fellowship at AIIMS, Jodhpur, was rejected by the state, citing an acute shortage of Radiologists.
Continue reading “Balancing Professional Aspirations and State Requirements: The Recent Judgment on grant of NOC for Medical Fellowships”
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