Public Interest Litigation – Demolition of Construction – Scope and Limits – High Court directed demolition of a completed residential building on privately owned land on the assumption that it was constructed on “khoai” land and in violation of environmental norms – Supreme Court held that demolition is a drastic and extreme measure which cannot be ordered on c...
Arbitration and Conciliation Act, 1996 – Section 29A – Extension of Time for Arbitral Award – Jurisdiction of Court – Divergent views of High Courts on whether application under Section 29A(4) lies before High Court or Principal Civil Court depending on mode of appointment of arbitrator – Supreme Court reframed issue holding distinction to be artificial and unnecessar...
Income Tax – Reassessment – Search Cases – Applicability of Old Regime – Search conducted on 09.05.2024 falling between 01.04.2021 and 01.09.2024 – By virtue of Section 152(3), provisions of Sections 147 to 151 as they stood prior to Finance (No.2) Act, 2024 applicable – Reassessment notice issued under Section 148 governed by old regime [Paras 5, 7].
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Civil Law - Evidence Act – Section 108 – Presumption of Death – Missing Person – Father of the plaintiff missing since 08.04.2003 – Missing complaint lodged and police certificate issued confirming that the person remained untraced even after seven years – Held: Statutory presumption of death attracted as the person was not heard of for more than seven years by ...
Arbitration and Conciliation Act, 1996 – Section 8 – Reference to Arbitration – Pendency of Arbitration Prior to Suit – Plaintiff filed suit for permanent injunction restraining defendant from claiming his share of profits and losses in partnership firm – Admitted position that arbitration proceedings between parties were pending since 2007 under partnership deed cont...
Education Law – Private Unaided Schools – Fee Regulation – Constitutionality of Statutory Fee Fixation Committee – Amendments to J&K School Education Act, 2002 inserting Sections 20A–20J providing for constitution of Fee Fixation and Regulation Committee (FFRC) challenged as violative of autonomy of private unaided schools under Article 19(1)(g) – Held: Stat...
Service Law - Disciplinary Proceedings – Minor Penalty – Scope of Judicial Interference – Lecturer subjected to disciplinary action for manipulation of attendance register, insubordination and unauthorised leave – Enquiry conducted and punishment of withholding two increments with cumulative effect imposed – Appeal dismissed by University Appellate Tribunal – Re...
Disability Pension – Armed Forces Tribunal – Judicial Review – Constitutional/Lifestyle Diseases – Attributability and Aggravation by Service – Opinion of Medical Board – Scope of Interference – Union of India challenged a batch of orders passed by the Armed Forces Tribunal, Mumbai granting disability pension to Army and Navy personnel suffering from disea...
Tenancy Law – Surplus Land – Vesting in State – Proof of Tenancy – Plaintiff claimed tenancy through father under original landowners for over 30 years – Land declared surplus under Punjab Security of Land Tenures Act and vested in State under Haryana Ceiling of Land Holdings Act – Allotment made in favour of defendant Jai Singh and possession delivered in 1980 ...
Review Jurisdiction – Scope and Limitations – Section 114 read with Order XLVII Rule 1 CPC – Review petition filed seeking review of order dropping contempt proceedings – Held: Review jurisdiction is extremely limited and can be exercised only on discovery of new and important matter, error apparent on face of record, or other sufficient reason – Review cannot be trea...