Civil Writ - Challenge against eviction - Removal of encroachments over river - Land Assignment – Eligibility under Special Rules, 1993 – Requirement of Conversion Before 01.01.1977 Not Satisfied – Regularisation Denied - Petitioners sought regularisation of occupation under the Special Rules, 1993 but failed to prove conversion of land for noncardamom cultivation prior to 01.01....
Disqualification – Misconduct under Section 42(10) – Removal of Municipal Property Without Authority – Disqualification Upheld - Petitioner (President) directed removal of Municipal materials from pump-house without authority or Council’s approval – Pump-house was subsequently demolished – Held: Petitioner acted negligently and facilitated the loss of Municipal ...
Election Dispute – Qualification to Vote – Rule 6 of Gujarat Agricultural Produce Markets Rules – Bar on Voting Confirmed – The appellants, former members of the Managing Committee of a Cooperative Society, were restrained from voting in the APMC election on the ground that they ceased to hold the qualifying capacity prior to the election date – Held: Rule 6 mandates ...
Civil Writ - Tender Condition – Tie-Breaker Based on Younger Age – Found Arbitrary – Violative of Article 14 - Petitioner and respondent No.7 secured equal marks for dealership selection – Clause 7.2.1(b) of IOCL's brochure gave preference to the younger candidate in case of tie – Held: Sub-classification among similarly placed candidates within the same age brack...
Taxation Law - GST Liability – Deposit of Tax under Wrong Head – Writ Allowed – The petitioner, engaged in renting out commercial property, paid GST to NOIDA, which inadvertently deposited the amount under an incorrect head – Both GST authorities and NOIDA admitted the petitioner’s payment – The Court held that the petitioner could not be penalized for NOIDA&rsq...
Civil Law - Res Judicata – Applicability between Specific Performance and Eviction Suit – Not Attracted – The petitioner contended that eviction proceedings were barred by res-judicata due to prior dismissal of the specific performance suit – The Court held that the earlier suit dealt with enforcement of an agreement of sale, while the present suit concerns the petitioner&r...
Taxation Law - Income Tax Act – Reassessment Proceedings – Allegation of Sham Transactions – Notice Quashed – The Revenue sought to reopen the assessment under Sections 148, 148A(b) and 148A(d) of the Income Tax Act alleging that the petitioner engaged in sham transactions related to JM Balanced Fund to create fictitious capital loss – The Court found that the petitio...
Recruitment Qualification – Requirement of Current Lascar’s Licence – Higher
Qualification Not Equivalent – Appointment Invalid – The appellant, holding a Syrang’s licence (a higher certificate), was appointed as Boat Lascar without possessing a current Lascar’s licence as required by the advertisement and Rule 6 of the Special Rules – The Tribun...
Employment Law - Recruitment Process – Systemic Manipulation – Mass Fraud – Cancellation of Entire Selection Process Upheld - WBSSC’s 2016 recruitment process for Assistant Teachers and Non-Teaching Staff was vitiated by large-scale fraud including unauthorized engagement of private agencies, tampering of OMR sheets, rank-jumping, out-of-panel appointments, appointments aft...
Matrimonial Law - Permanent Alimony – Requirement of Formal Application – Mandatory – The Trial Court awarded permanent alimony to the respondent-wife under Section 25 of the Hindu Marriage Act without there being any formal or oral application by the wife – Held: In view of binding precedents of Madhya Pradesh High Court, including Abhishek Parashar v. Neha Parashar, it is...