A. Land Acquisition Act, 1894—Section 18—Reference to Court—Acceptance of Award under Protest—Despite State’s contention that acceptance without protest invalidated the reference, records confirmed acceptance was expressly “under protest,” validating the reference. B. Land Acquisition Act, 1894—Sections 23, 24, 25—Market Value Assessment—Comparable Sales Evidence—Claimants failed to substantiate enhanced compensation by relying on unrelated sale deeds and earlier court orders, as no comparable evidence was produced for current land parcels. C. Land Acquisition Act, 1894—Sections 23, 24—Compensation Determination—Prior Judicial Pronouncements—Previous High Court decisions in similar cases are not binding precedent for compensation, which must be...

A. Ministry of Women & Child Development Guidelines—Delegation of Recruitment Authority—The Ministry, by its communication dated 14.03.2018, recommended empowering District Magistrates/Collectors with the recruitment authority for Anganwadi Workers and Helpers nationwide, initially targeting 115 Aspirational Districts to expedite the selection process. B. Administrative Necessity for Delegation—Due to ongoing disruptions caused by the Manipur violence since May 2023, wherein Child Development Project Officers (CDPOs) and Deputy CDPOs were unable to perform duties in their districts, it became imperative to vest recruitment powers in District Magistrates or Deputy Commissioners, who maintain continuous presence and control locally. C. Modification in Selection Committee Composition—As part of this administ...

Service Law—Appointment—Die-in-Harness Scheme—Rejection of Claim Barred by Res Judicata—Factually Incorrect Finding on Timely Application—The Die-in-Harness Scheme is intended to provide immediate relief to the family of a deceased employee by offering compassionate appointment to an eligible dependent—In the present case, the petitioner challenged the rejection of his claim for appointment under the scheme, arguing that the rejection was based on incorrect factual findings and an issue already adjudicated in a prior writ petition—The court applied the principle of res judicata, holding that one of the grounds for rejection had already been decided in an earlier writ petition, thereby barring its reconsideration—The second ground, which pertained to the alleged late submission of a fresh app...

Manipur (Hill Areas) District Councils Act, 1971—Sections 4, 9, and 11—Jurisdiction of Hill Areas Committee (HAC) in Recommending Temporary Committees for Autonomous District Councils (ADCs)—The High Court examined the jurisdiction of the Hill Areas Committee (HAC) under the Manipur (Hill Areas) District Councils Act, 1971, to recommend the constitution of a temporary committee for Autonomous District Councils (ADCs) after the expiry of their terms—The issue arose in a Public Interest Litigation (PIL) challenging a resolution passed by the Chairman of the HAC regarding the administration of ADCs pending elections—The petitioner contended that the HAC lacked the authority to recommend a temporary committee, as the Act does not explicitly grant such power—The court found that while the Act does not provid...

Medical Education—PG Admission—Seat Adjustment—JNIMS—NEET-PG 2023—Equitable Relief—The High Court disposed of an application seeking adjustment of admissions to the PG (Surgery) seats at JNIMS for the academic session 2023–2024—The applicant, Dr. Mekhulshim Tontanga Maring, challenged the cancellation of his admission despite securing higher NEET-PG marks (308) compared to respondent No. 5 (127 marks), who was subsequently admitted to the JNIMS-sponsored quota—The applicant had already paid the admission fee and commenced classes—During the pendency of the case, another PG (Surgery) seat under the All India Quota fell vacant following the resignation of Dr. Sagnik Roy Chowdhury on 25.11.2023. Since the All India Quota counselling had concluded and the seat could not be refilled t...

Assam Rifles Act, 2006—Section 102—Assam Rifles Rules, 2010—Concurrent Jurisdiction—Validity of Transfer to Court-Martial—The High Court upheld the legality of transferring a criminal case involving a Rifleman of the Assam Rifles to an Assam Rifles Court (Court-martial) under Section 102 of the Assam Rifles Act, 2006—The petition was filed by an IPS officer who alleged assault and molestation by the Rifleman and challenged the orders of the Judicial Magistrate and Additional Sessions Judge that allowed the case to be tried by a Force Court—The petitioner contended that the transfer violated procedural norms and the principles of natural justice—However, the Court found that the competent Assam Rifles authorities had exercised their statutory discretion within the framework of the Act and Rul...

Limitation Act, 1963—Section 5—Condonation of Delay—In this case, the Court addressed the procedural issue concerning the maintainability of a third-party appeal in a writ matter—The applicants, who were not parties to the original writ proceedings, sought to file a writ appeal along with an application to condone the delay—Respondents objected, contending that the application for leave to file a third-party appeal should be considered first, before addressing the condonation of delay—The Court agreed, holding that a non-party must first establish locus standi by obtaining leave to file an appeal—It relied on the Supreme Court’s decision in Civil Appeal No. 6136 of 2024 [MANU/SC/0406/2024], which held that condonation of delay applications by strangers to a suit are impermissible unless leav...

Constitution of India, 1950—Article 226—The applicant sought the vacation of an ex-parte interim stay order issued in a writ petition, arguing that the order should be automatically vacated under Article 226(3) of the Constitution due to the failure to decide the vacation application within two weeks—The High Court, citing a Constitution Bench judgment of the Supreme Court and a Full Bench decision of the Gauhati High Court, held that once an ex-parte interim order is extended in the presence of the opposing party without objection, it transforms into a regular interim order—Such an order is not automatically vacated under Article 226(3) for non-decision within two weeks—The court ruled that the interim order must be either vacated or continued based on the merits of the case, after hearing all parties involv...

Civil Procedure Code, 1908—Order 6 Rule 17—Amendment of Plaint—Arbitration and Conciliation Act, 1996—Section 34(3)—Arbitral Award—Amendments Clarifying Mode of Service Permissible: Amendments clarifying the mode of service of the Arbitral Award, without introducing a new cause of action or altering the core issue of the date of receipt, are permissible—Such amendments are essential for effective adjudication, aiding in the determination of the real controversy without prejudicing the petitioner—The court, adopting a liberal approach, emphasized that amendments serving the ends of justice should be allowed, especially where the petitioner retains the opportunity to refute new averments—Any prejudice can be compensated through costs—Principle of Parity applies where the petitioner...

Unlawful Activities (Prevention) Act, 1967—Sections 17—Penal Code, 1860 (IPC)—Sections 120B, 121—The accused, charged with waging war against India and seeking to establish the "Government of the People’s Democratic Republic of Kukiland," was granted default bail due to an incomplete chargesheet—The key issues were whether the appeals were time-barred, the completeness of the chargesheet without a prosecution sanction order, and the applicability of UAPA Section 43D(5) in default bail applications—The State contended that the chargesheet was complete despite lacking a sanction order, while the respondents argued it was incomplete—The court ruled that a chargesheet without a prosecution sanction order is not incomplete, as the sanction is needed only for cognizance by the court, not...