Arbitration Law – Section 11 Appointment – Serious Fraud Allegations – Scope of Referral Court – Appeals against High Court orders allowing Section 11 applications and appointing arbitrators despite pendency of criminal proceedings and allegations of large-scale fraud by rice millers – Held: At Section 11 stage, court’s enquiry is limited to existence of a...
Civil Writ - PIL - Solid Waste Processing – Prayer for Shifting Refused – Compliance with SWM Rules, 2016 Upheld – Petitioners sought direction to relocate waste processing activities of PCB and PMC at Hadapsar Industrial Estate, alleging pollution, foul odour, health hazards, and violation of previous governmental directions – Held: Processing facilities at the site are in...
Service Law – Reversion After 35 Years – Validity of Appointment and Promotion – Reversion Set Aside – The appellant was appointed as Stenographer in 1988 after undergoing shorthand training at ITI and was promoted through the judicial hierarchy to Deputy Registrar – The High Court allowed a writ petition filed in 2018 challenging his eligibility and directed his reve...
Civil Writ - Quashing of Legislative Committee Directions – Allegation of Encroachment – Writ Petition Allowed – The petitioner challenged directions dated 08.03.2017 issued by the Petitions Committee of Karnataka Legislative Council based on allegations of encroachment of Rajakaluve and public road by third party complainant – The Court held that subsequent Division Bench ...
Civil Writ - PIL - Solid Waste Processing – Prayer for Shifting Refused – Compliance with SWM Rules, 2016 Upheld – Petitioners sought direction to relocate waste processing activities of PCB and PMC at Hadapsar Industrial Estate, alleging pollution, foul odour, health hazards, and violation of previous governmental directions – Held: Processing facilities at the site are in...
Highway Toll Fee Recovery – Enforcement of Toll Collection Against State Corporation Buses – Application of National Highway Fee Rules – Direction to Stop Non-Compliant Buses – The petitioners sought enforcement of toll fee collection against Tamil Nadu State Transport Corporation (TNSTC) for evading toll fees despite multiple directives and FASTag regulations – Held:...
Civil Law - Permanent Injunction – Suit Between Co-sharers – Claim for Exclusive Possession Not Established – Dismissal Upheld – The plaintiff-appellant, a co-sharer, filed a suit for permanent injunction against another co-sharer alleging interference in possession – Both Trial Court and First Appellate Court found no evidence of exclusive possession or partition &nd...
Taxation Law - Income Tax – Reopening of Assessment – Applicability of Amended Provisions – Partial Reopening Permitted – The writ appeal arose from the quashing of reassessment proceedings initiated under Section 148A, 148 of the Income Tax Act against the respondent-company for AY 2017-18 – The Court held that the amended provisions of Sections 148A and 149 apply ev...
Property Law - Jurisdiction of Deputy Registrar – Section 16A of Apartment Act – Delegation of Powers under MCS Act – Jurisdiction Upheld – Petitioners contended that the Deputy Registrar lacked authority under Section 16A of the Apartment Act, as no express delegation existed – Held: Notification dated 24.11.2021 issued under Section 3 of the MCS Act conferred powers...
Service Law – Police Recruitment – Concealment of Criminal Case – Appointment Denied – Justified - Petitioner applied for the post of Constable and was placed in the waiting list after clearing all stages – During police verification, it was found that he was facing an FIR at the time of application which he failed to disclose – Though the FIR was later quashed ...