Civil Writ - Education Law – Withdrawal of Recognition of School – Interim Protection Granted – Petitioner institution, running an English-medium school in Bengaluru for over 30 years, challenged cancellation of recognition issued under Sections 34 and 39 of the Karnataka Education Act on grounds of misrepresentation and unclear property title – Held: Institution has altern...
Nominee Under Insurance Act – Beneficial Nominee vs. Heir – Nominee Not Absolute Owner – Writ Dismissed – Court held that nomination under Section 39(7) of the Insurance Act, though termed “beneficial”, does not override statutory rights of heirs under Hindu Succession Act – Held: Succession law is a specific statute on devolution of property; Insurance Ac...
Minor Minerals – Power of State under Section 15 MMDR Act – Auction-Based Grant of Lease Permissible – Challenge Rejected – Petitioners argued the auction model exceeded powers under Section 15 and retrospectively invalidated pending applications – Court held: State has full authority under Section 15 to regulate minor minerals, including auction methodology – A...
Civil Law - Partition Suit – Share Apportionment – Preliminary Decree Modified in Part – Trial Court passed preliminary decree dividing properties A, B, and C into specific shares among the plaintiff and legal heirs of two deceased members of the family – Appellants (wife and minor son of predeceased son) contended misallocation in A schedule shares – Held: Trial Cour...
Civil Writ – PIL - Public Infrastructure – Disruption Due to Highway Widening – Incomplete Work – Litigation Delayed Civic Amenities - Petitioners, residents of Byadgi Town, sought directions for restoring roads, drainage, sewerage and potable water disrupted during the construction of State National Highway No.136 – Held: Road and civic work were interrupted due to q...
Income Tax Law - Cloud Computing Services – Taxability under DTAA – No Royalty or FIS – Exemption Upheld – The Assessee, a US-based cloud service provider, was held not liable to tax in India on payments received from Indian customers – The Tribunal found, and the High Court affirmed, that such payments were for standard automated cloud computing services that did not...
Civil Writ - Employment Law - Assistant Teacher Recruitment – Judicial Review of Answer Key – Limited Scope – Petitions Dismissed – Petitioners alleged erroneous evaluation and incorrect answers in ATRE-2018 and sought rectification – Held: Judicial review in academic matters is restricted to rare and exceptional cases with demonstrable, patent error – Courts mu...
Taxation Law - Income Tax Act – Deductions under Chapter VI-A – Interpretation of Section 80-IA(9) – Clarified Scope of Restriction – Section 80-IA(9) restricts allowance of deduction under other provisions to the extent profits are already claimed under Section 80-IA – Held: The Section does not bar computation of deductions under other sections; rather, it limits th...
Civil Law – Partition Suit – Rejection of Plaint – Plaintiffs (mother and son) filed a suit for partition, possession, declaration, injunction, and accounting in respect of properties allegedly purchased from joint family funds – Defendant No.2 (Shaifali Gupta) and Defendant No.5 (subsequent purchaser) filed applications under Order VII Rule 11 CPC for rejection of plaint a...
Land Revenue – Appointment of Lambardar – Comparative Merits –
Appointment of Lakhvir Singh as Lambardar by the Collector was set aside by the Financial Commissioner, citing higher landholding and experience of another candidate. High Court emphasized respect for the Collector's choice, provided two views are possible, and there is no illegality or perversity [Paras 1-13]....