Matrimonial Law - Family Courts – Representation by Power of Attorney – Order III Rule 1 CPC – Permissible – Petitioner, a non-resident Indian, sought to prosecute a matrimonial case through a power agent due to travel restrictions – Family Court refused to number the power of attorney petition – Held: Representation through a duly registered/adjudicated power o...
SARFAESI Act – Auction Sale – Sale to second-highest bidder – Legality of negotiated sale – Held illegal – The highest bidder failed to comply with auction conditions, and instead of conducting a fresh auction, the bank negotiated with the second-highest bidder – Held: Under Rule 9(3) of the Security Interest (Enforcement) Rules, 2002, the property should have b...
Rent Law - Eviction – Bona Fide Personal Necessity – Landlord’s Right to Choose Property Use – The landlord sought eviction for constructing a common room, canteen, and parking area for a PG accommodation – The tenant contended that the landlord possessed other vacant properties suitable for the same purpose – Held: The landlord is the best judge of his requirem...
Adverse Possession – Khatedari Rights over SC/ST Land – Section 42(b), Rajasthan Tenancy Act, 1955 – Claim Rejected – The petitioners sought declaration of khatedari rights based on adverse possession over land purchased from a Scheduled Caste person in 1965 – The sale was in violation of Section 42(b) of the Rajasthan Tenancy Act, which prohibits transfer of land bel...
Service Law – Recruitment – Two-Child Norm – Relaxation for Widows – The petitioner's candidature for the post of School Lecturer was rejected due to having more than two children after 01.06.2002 – The petitioner contended that a disabled child should not be counted under the two-child norm as per the notification dated 28.02.2011 – The respondents argued t...
Senior Citizens’ Rights – Eviction of Permissive Occupants – Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Son-in-law of the deceased daughter sought to claim residence in the house owned by his father-in-law – Contended that he contributed towards construction and had adverse possession – Held: The appellant was a permissi...
Right to Protest – Regulation by Authorities – Constitutional Safeguards – The petitioners sought permission for a demonstration against alleged temple land encroachment, which was denied citing potential communal disharmony – Held: Right to protest is fundamental but subject to reasonable restrictions – Authorities must handle such requests with fairness and not impo...
Taxation Law – Income tax - Reassessment Notices – Limitation Period and Effect of TOLA – Section 149 of the Income Tax Act, 1961 – Petitioners challenged reassessment notices issued under Section 148 on the ground that they were beyond the permissible limitation period – Supreme Court in Rajeev Bansal v. Union of India, 2024 SCC OnLine SC 2693 held that the period fr...
Taxation Law - Entry Tax – Constitutional validity of the West Bengal Tax on Entry of Goods into Local Areas Act, 2012– Single Judge’s Judgment Set Aside – The Single Judge, relying on overruled precedents, declared the Entry Tax Act, 2012 unconstitutional—The Supreme Court in Jindal Stainless Ltd. v. State of Haryana held that the compensatory tax theory was not a va...
Civil Law - Second Appeal – Scope of Interference – Section 100 CPC – Limited to Substantial Question of Law – High Court cannot interfere with concurrent findings of fact unless findings are perverse or based on inadmissible evidence – Held: No substantial question of law arises – Appeal dismissed [Paras 14-15].
Suit for Declaration and Possession – Re...