Civil Law – Declaration, Joint Possession, and Permanent Injunction – Plaintiffs (respondents) filed a suit against petitioners (defendants) challenging sale deeds and claiming joint possession and injunction over ancestral property – Plaintiffs, daughters of Paramvir Singh, alleged that the property was joint Hindu family property and the sale deeds executed by their brother Suk...
Taxation Law – VAT - Tax Classification – Mobile Chargers as Accessories – Differential VAT Rate Justified – Tribunal erred in treating mobile chargers bundled with phones as part of the phone and applying 5% VAT – Held: Mobile chargers are not composite parts of phones but accessories – As per Supreme Court's ruling in State of Punjab vs. Nokia India Pvt. L...
Rent Law - Eviction – Bonafide Requirement – Section 11(3) of Kerala Rent Control Act – Reversal of Concurrent Findings – Rent Control Courts wrongly placed burden on landlord – Held: The burden of proof to establish existence of alternate vacant premises lies on the tenant, not landlord – Landlord need not plead or prove non-availability of other premises &ndas...
Service Law – Termination of Contractual Employees – Protection under Section 18(iii) of 1989 Act – Tribunal’s Order Upheld – Petitioners challenged Tribunal’s direction to reinstate temporary teachers, arguing Section 18 and Rule 39 did not apply to fixed-term appointments – Held: Employees of recognized institutions, even if temporary, are covered under ...
Civil Law - Leave to Defend – Test for Granting Leave under Order XXXVII CPC – Denied – Defendant failed to show a substantial defence or even raise a bona fide triable issue – The court reiterated that unconditional leave to defend is granted only where a fair or reasonable defence exists – Here, defendant’s claims of coercion lacked credibility, were belated, ...
Taxation Law – Income Tax Act - Bogus Purchases – Full Disallowance Justified – Tribunal’s 3% Estimation Set Aside - Tribunal had restricted disallowance on bogus purchases to 3% despite finding that purchases were unverified and books not produced – High Court held: Once Tribunal concluded purchases were bogus, restricting disallowance to 3% based on speculative grey...
Civil Writ – Appointments - Minority Institutions – Applicability of UGC Regulations, 2018 – Minority Institutions' Right to Administer – Selection Committees – Minority educational institutions have the fundamental right under Article 30(1) to administer their institutions, including the right to appoint staff – The UGC Regulations, 2018 prescribing the com...
Employment Law - Absorption in Government Department – Valid Exercise of Option Required – Claim Denied – Petitioner claimed adjustment in GWS&I after abolition of his post in OLIC, but failed to establish he exercised a valid option within stipulated time – Held: Absence of timely option and pending VRS application disentitles petitioner to absorption under transfer ci...
Protection Petition - Live-in Relationship – Minor Partner – Relief Denied - Petitioners sought protection alleging threat from family members opposing their live-in relationship – Petitioner No.2 was a minor (17 years 6 months) at the time of filing – Held: A minor is legally incompetent to make choices involving live-in relationships under applicable statutory laws includ...
Suo Motu - Government Litigation – Negligence of Officers-in-Charge – Judicial Censure – Court Observes Widespread Apathy – Court severely criticized OICs for failing to cooperate with government counsels by not furnishing case files, leading to repeated deferrals and systemic delays – Held: This constitutes a violation of litigants' right to timely justice and de...