Civil Procedure – Award of Costs – Section 35 and 35A CPC – Appellant filed suit for specific performance – Both trial court and High Court found plaintiff and defendants guilty of falsehood and imposed exemplary costs of Rs. 1 lakh each to be deposited with Delhi High Court Legal Services Committee – Held: While costs are discretionary under Section 35 CPC, they are ...
Civil Procedure – Amendment of Pleadings – Order 6 Rule 17 CPC – Delay – Amendment sought by plaintiff in eviction suit rejected by trial court and affirmed by High Court on ground of delay – Supreme Court held delay alone is not a valid ground to reject amendment – Amendment can be allowed even at a late stage if it helps resolve the real controversy between th...
Taxation Law - Income Tax – Reassessment – Validity of Sanction under Section 151 – ITAT quashed reassessment on ground that approval for reopening by Principal Commissioner of Income Tax was mechanical – Approval merely recorded “Yes, I am convinced it is a fit case” – Held: Such wording amounts to valid approval satisfying requirement of Section 151 &nda...
Family Law – Mutual Consent Divorce – Withdrawal of Consent – Irretrievable Breakdown of Marriage – Petition under Section 13B filed by both parties – Wife withdrew consent at second stage – Trial Court and High Court dismissed petition relying on Sureshta Devi – Supreme Court held consent must subsist until decree – However, exercised power under Ar...
Taxation Law - CGST – Detention & Penalty under Section 129(3) – Rule 138 Violation via Loading-Point Mismatch – Petition Dismissed – Goods in transit intercepted on 09.03.2025; E-Invoice and E-Way Bill were generated but actual loading point (Rupnarayanpur, West Medinipur, West Bengal) differed from the declared dispatch point (Village-Sakui, Kharagpur) – GPS log...
Administrative Law – Judicial Overreach – High Court’s Power in Writ Jurisdiction – Directions issued by the High Court for refixation of licence fee and initiation of vigilance enquiry in a writ petition filed by the appellants against enhancement of licence fee held to be beyond the scope of the lis – High Court erred in travelling beyond pleadings and rendering app...
Public Procurement – Tender Eligibility – State-specific Past Performance – Condition requiring bidders to have supplied sports goods worth ₹6 crores cumulatively to Chhattisgarh State agencies in the last three years held arbitrary and discriminatory – Creates an artificial barrier and closes the market to otherwise competent bidders from outside the State – Violat...
Service Law – Deputation – Absorption – Advance Increment – Deputationists from State Government absorbed into FCI challenged denial of one advance increment granted to similarly placed Central Government employees – High Court allowed the claim – Supreme Court upheld High Court’s view – Held: Once absorbed, both Central and State deputationists were...
Service Law - Departmental Action – Removal from Service – Section 11(1) CRPF Act, 1949 and Rule 27 CRPF Rules, 1955 – Validity of Punishment – The respondent, a CRPF constable, overstayed sanctioned leave by 315 days without justification – He was removed from service after departmental enquiry – The High Court held that removal was without jurisdiction as Sect...
Service Law - Absorption And Regularisation - Statutory Canteen – Status of Employees – Section 46, Factories Act, 1948 – Absorption Denied – Canteen workers employed through contractor in refinery canteen claimed absorption as IOC employees – Single Judge allowed claim holding canteen is statutory and workers are employees of management – Division Bench reverse...