Civil Law – Permanent Injunction Suit – Claim of Possession as Gair Mourusi Tenant – Dismissed – Plaintiff-Appellants claimed tenancy rights based on long possession of 70 years but failed to produce any documentary evidence to prove tenancy or possession – Both Trial Court and First Appellate Court concurrently held that revenue entries in favour of plaintiffs were i...
Criminal Writ – Withdrawal from Prosecution – Executive Overreach – Government Order Set Aside - The petitioner challenged a government order directing Public Prosecutors to withdraw 43 criminal cases – Court held that the directive unlawfully intruded upon the discretionary domain of prosecutors under Section 321 CrPC and was issued despite objections from the Police, Law,...
Tenancy Law - Eviction Suit – Bona-fide Requirement – Section 14(1)(e) Delhi Rent Control Act – Eviction Allowed – The petitioners, NRIs residing abroad since the 1970s, sought eviction of tenants from properties in Delhi Cantonment to start a food-related business in India – The Rent Controller dismissed the eviction petitions holding that the premises were too small...
Civil Writ - Removal of JJB Member – Validity of Removal – Applicability of Law – Writ Petition allowed – The petitioner, a senior advocate and lecturer, was appointed as a Member of the Juvenile Justice Board (JJB) under the Juvenile Justice Act, 2000 and 2007 Rules – After repeal of the 2000 Act, he was removed by order dated 22/25 September 2017 under the Juvenile ...
Civil Law – Misdeclaration of Goods – Demand Notices – Applicability of Section 66 of the Railways Act, 1989 – Tribunal and High Court erred in applying Sections 73 and 78 (related to overloading) instead of Section 66 (related to misdeclaration) – Demand notices issued after delivery held valid – No legal bar under Section 66 restricting the stage of impo...
Suo Moto Appeal – Tenancy Law – Applicability of West Bengal Premises Tenancy Act, 1997 vs. Transfer of Property Act, 1882 – Eviction Decree Granted – The dispute centered around whether the respondent was a premises tenant under the 1997 Act or a lessee under the Transfer of Property Act – The key issue was whether AC charges, being an essential component for enjoyme...
Employment Law - Reservation for Persons with Disabilities – Identification of Posts – RPWD Act Sections 33 & 34 – Writ Petition Dismissed – Petitioners challenged recruitment panels under CEN 01/2019 alleging wrongful exclusion of 100% visually impaired candidates from posts reserved under Section 34 – Held: Section 34 provides for reservation based on vacancies,...
Consumer Law - Banking Service – TDS Deduction Despite Form 15G – Deficiency in Service – Revision Allowed – The petitioner maintained term deposits with the respondent bank and submitted Form 15G declaring income below the taxable limit – Despite this, the bank deducted Rs.15,766/- as TDS – District Forum and State Commission dismissed the complaint holding tha...
Consumer Law - Section 21 of the Consumer Protection Act, 1986 - Medical Negligence – Hallux Valgus Corrective Surgery – Allegation of Deficiency in Service – Complaint Dismissed – The complainant underwent corrective foot surgery for Hallux Valgus at the Opposite Party hospital – Alleged that surgery was negligently performed causing permanent deformity of the second...
Taxation Law - Income Tax Act - Reassessment Proceedings – Validity of Notice – Notice Time-Barred – Reassessment quashed – The petitioner challenged the notice dated 29.07.2022 issued under Section 148 and the order dated 29.07.2022 passed under Section 148A(d) of the Income Tax Act for AY 2013-14 – Held: In view of the Supreme Court’s ruling in Union of India ...