Legal Metrology – Search and Seizure – Procedural Violations – Quashing of Notices – Appeal Allowed.
Search and Seizure – Legal Metrology Act, 2009 – Appellant (ITC Limited) challenged seizure of 7,600 pre-packed notebooks from its warehouse by Legal Metrology officials for alleged violation of Rule 24(a) of the Legal Metrology (Packaged Commodities) Rules, 2...
Writs—FCI recovery based on CAG report—Natural justice—Quashing of demands—Petitioners assailed recovery/withholding founded solely on CAG observations without supply of report, notice or hearing—Held: CAG reports are recommendatory and non-adjudicatory; adverse action cannot be founded solely thereon absent independent determination and due process—Impugned com...
Taxation Law - Income Tax Act – Scope of Rectification under Section 254(2) – Subsequent Decision Not a Ground – The ITAT had originally allowed the assessee’s appeal, holding the amendment to Explanation 5 of Section 43B to be prospective – Revenue sought rectification based on subsequent Supreme Court ruling in Checkmate Services Pvt. Ltd. – Held: The decision...
Maintainability of Civil Suit for Compensation – Section 357 CrPC – Civil and Criminal Proceedings – Held Maintainable – Defendants argued that the civil suit was barred as criminal proceedings were already initiated for the same incident – Held: Section 357 CrPC permits both civil and criminal proceedings; courts must only avoid double recovery – Since no compe...
Specific Performance – Registered 1977 Agreement – Money-lending backdrop – Section 20 Specific Relief Act & Section 52 TPA – Decree Set Aside – Parties litigated over an alleged agreement to sell ancestral land in favour of deceased Ankush; Trial Court held the document was a sham/security for loans, First Appellate Court reversed – Held: On a holistic view...
Civil Revision – Partition Suit by Granddaughter – Hindu Succession Act – Suit Not Maintainable – Plaintiff sought partition and possession of maternal grandfather’s property during lifetime of her mother (coparcener) – Court held: granddaughter not coparcener; property is obstructed heritage, not ancestral in her hands – Only mother can seek partition &nd...
Civil Writ - Service & Labour – Seniority Fixation – CIL Mining Executives – First Class Mines Manager Certificate (FCMMCC) – Horizontal placement vs. DPC cut-off – Direction to Reconsider – Petitioners (2009 direct recruits) sought notional seniority in E-4 from 30/09/2014 at par with 2009 batchmates; respondents argued eligibility depends on timely submiss...
Civil Law - Permanent Injunction - Personality/Publicity Rights – Unauthorized commercial exploitation and AI-generated misuse – Ex parte ad-interim injunction granted – Plaintiff alleged sale of merchandise and online content using his name, image, likeness, signature and other attributes, including AI/deepfake content and platform-facilitated listings – Held: Prima facie ...
Maintainability of Second SLP – Dismissal of Earlier SLP Without Leave – Abuse of Process – A second SLP was filed challenging the same High Court judgment after the earlier SLP had been dismissed without granting leave – The petitioner argued that the non-speaking dismissal did not bar a second SLP relying on S. Narahari v. S.R. Kumar – Held: The earlier dismissal co...
Civil Writ - Habeas Corpus – Child Custody – Maintainability under Article 226 – Petition by grandfather for custody of minor against mother – Though remedy under Guardians and Wards Act exists, writ maintainable to protect liberty of minor when detained by person not legally entitled under personal law – Supreme Court in Tejaswini Gaud v. Shekhar Tewari (2019) 7 SCC ...