Civil Law – Counter-Claim – Maintainability – Defendant no.2 sought to file a counter-claim for specific performance of an agreement dated 21.10.2011 and partition of property after issues had already been framed in the suit filed by the plaintiff for declaration and injunction – Trial Court rejected the application citing bar under Limitation Act and principles of CPC, esp...
Sexual Harassment Complaint – Limitation under POSH Act – Complaint Held Time-Barred – The appellant, a faculty member at NUJS, filed a complaint of sexual harassment against the Vice-Chancellor in December 2023, with the last alleged incident occurring in April 2023 – The LCC rejected the complaint as time-barred – The Single Judge of the High Court reversed the LCC&...
Public Tender – Post-Bid Rectification – Clause 4(g) and 5B(v) – Rectification Not Permissible – The respondent’s request to correct its BOQ rate after financial bid opening was rejected by the tender authority – Division Bench allowed the correction treating the quoted figure as a per day rate – Held: Such post-bid rectification is impermissible under Cla...
Family Law - Senior Citizens Act – Scope of Maintenance under Section 9 – Lump Sum Compensation of ₹5,00,000/- Ordered by Tribunal – Quashed – Tribunal granted ex parte order directing children to pay ₹5,00,000/- compensation to senior citizen parents and restore possession – Held: Act provides only for recurring maintenance up to ₹10,000/- per month under Secti...
Civil Law – Partition Suit – Maintainability – CPC S.100 – Plaintiffs (daughters and wife of deceased owner) sought partition of self-acquired property of late S. Sarvayya who died intestate in 1982 – Defendants 1 to 3 (sons) sold property in 2004 to Defendants 4 & 5, leaving out daughters – Appellants (purchasers) contended suit not maintainable witho...
Transfer of Civil Suit – Apprehension of Influence – Fair Trial Principle – Transfer Allowed – Applicants sought transfer of civil suits from Garhshankar to another jurisdiction citing apprehension of bias due to involvement of a local advocate, Madhu Bala, who earlier filed suit on behalf of the respondent and had influence over the local Bar – Entire Garhshankar Bar...
Waterlogging of Educational Institution – Suo Motu PIL – Breach of Agricultural Bund – District Collector’s Duty – Pursuant to the letter of students and teachers, Court initiated suo motu PIL – District Collector convened joint meetings of authorities and initiated dewatering, sanitation, and safety measures – Ad hoc committee formed to continue under Col...
Taxation Law - GST Search – Advocate’s Office – Attorney–Client Privilege – Seizure of CPU – Safeguards Imposed – The petitioner, an advocate, challenged the search and seizure conducted at his office by the GST Department, including the seizure of his CPU containing confidential client data. The Court emphasised that an advocate’s office enjoys prot...
Provident Fund – Applicability – Section 16(1)(d) EPF Act – Infancy Protection – Granted – Authorities held petitioner firm to be a partitioned unit of Punjab Engineering Works and denied infancy benefit – Held: Durga Engineering Works, established on 03.05.1994, was a new and independent unit with separate machinery, workforce, and business distinct from Punjab...
Taxation Law - GST – Omission of Rules – Rules 89(4B) & 96(10), CGST Rules – Proceedings Lapse – Petitioners challenged show cause notices and orders based solely on impugned Rules – Rules omitted vide Notification 08.10.2024 without savings clause – Held: By common law, omission/repeal without savings obliterates the provision as if never enacted – Al...