Civil Writ - Municipal Licence – Dispute over Prayer Hall Construction – Zoning Regulations – Civil Court Injunction – Licence Cancellation Set Aside – Two writ petitions filed: one by a local councillor seeking cancellation of building licence granted to a Trust for constructing a Community Hall/Prayer Hall in a residential area; the other by the Trust challenging th...
Taxation Law - Income Tax Act – Capital vs. Revenue Receipt – Sales Tax Incentive under Maharashtra Schemes – Capital Receipt Not Taxable – The Court was called upon to decide whether sales tax incentives received by Bajaj Auto Ltd. and Reliance Industries Ltd. under the 1979 and 1983 State Industrial Promotion Schemes constituted capital or revenue receipts – The Tri...
Service Law – Promotion – Articles 226 and 227 – Challenge to Tribunal's direction for reconsideration of promotion – Petition Allowed – The respondent, an IRS officer, was denied promotion to the post of Chief Commissioner of Income Tax for vacancy year 2008–09 due to “Good” grading in ACR for 2006–07 – On challenge, Tribunal directe...
Tenancy Law - Eviction – Bona Fide Personal Necessity – Section 13(3)(a)(i) of the Rent Act – Revision Dismissed – The petitioners, legal heirs of the original tenant, challenged concurrent findings allowing eviction from the first floor of a residential premises at Chandigarh on the ground of personal necessity of the landlady for her daughter – Held: The landlady, a...
Civil Law - Rejection of Plaint – Jurisdiction Bar under Competition Act – Not Attracted – Application filed under Order 7 Rule 11 CPC on the ground that the subject matter falls within the exclusive jurisdiction of the Competition Commission of India (CCI) under Section 61 of the Competition Act – Held: The suit raises contractual claims including unconscionability, undue ...
Civil Law - Motor Accident Claim – Negligent Driving – Insurer’s Liability – Compensation Enhanced - Deceased, a 35-year-old permanent employee of HCL Technologies, died after his two-wheeler was hit by a rashly driven water tanker – Tribunal found the tanker driver negligent and awarded Rs.81.89 lakhs – Insurer challenged liability; claimants sought enhancement...
Civil Law – Injunction - Right to Privacy – Unauthorized Recording in Private Space – Consent Required – Partial Relief Granted – Plaintiff had consented to being recorded during the live debate but not after she exited the debate frame – Court held that the recording of the additional 18 seconds after Plaintiff withdrew was done without consent, violating her p...
Civil Law – Injunction - Intellectual Property – Copyright – Assignment of Rights – Suit Dismissed – The plaintiff, daughter of late producer O.P. Ralhan, filed a suit seeking injunction and damages against the defendants for alleged copyright infringement of musical works from seven cinematographic films produced by her father – Plaintiff contended that the ass...
Civil Law – Execution - Land Acquisition Compensation – Executability of Easement Amount – Section 3G(2) of the National Highways Act – Objections by NHAI Rejected – The Executing Court dismissed objections by NHAI and directed payment of enhanced compensation including the easement amount under Section 3G(2) – NHAI contended that easement amount is payable only...
Matrimonial Law - Domestic Violence Act – Interim Stay of Protection Order – Scope of Interference under Article 227 – Stay Granted Only Against Daughter-in-law – Held: Sessions Court rightly granted interim stay only in respect of the daughter-in-law while keeping the order intact against the son – The interim order merely maintained status quo pending appeal and did...