Service Law – Voluntary Resignation – Acceptance by Commandant – Held Valid – Petitioner submitted resignation from post of Constable on 11 July 2018 citing domestic problems—Resignation supported by affidavit and accepted the same day—High Court held: Resignation voluntary and acceptance lawful—Claim of coercion by militants raised only later; unsupported...
Civil Law - Section 16(c) of the Specific Relief Act, 1963 - Specific Performance – Validity of Sale Agreement – Readiness and Willingness – Agreement Upheld – The defendant denied execution of the written sale agreement alleging fabrication using blank signed stamp papers – Held: Oral and documentary evidence, including testimonies of attesting witnesses and the docu...
Civil Law - Rejection of Plaint – Order 7 Rule 11 CPC – Existence of Cause of Action – Rejection Set Aside – The appellant challenged the High Court’s order which had rejected the plaint under Order VII Rule 11 CPC – Held: The plaint disclosed triable issues including whether the sale deeds executed after the revocation of an unregistered power of attorney...
RTI Application – Transfer of Application – Section 6(3) of RTI Act – Valid Transfer – CPIO, Ministry of Petroleum and Natural Gas correctly transferred the RTI application to HPCL, the custodian of the information sought – Held: Transfer appropriate as per Section 6(3), no infirmity found in CPIO's action [Paras – Facts, Decision].
RTI Complaint – ...
Civil Writ – Constitutional Law - No Caste No Religion Certificate – Right under Article 25 – Rejection by Authorities – Set Aside – Appellant sought a certificate declaring that he and his family do not belong to any caste or religion – Writ Court rejected the plea citing lack of government authorization to Tahsildars – Held: Article 25 guarantees freedom...
Custom Law - Section 112(a) & (b) of the Customs Act, 1962 – Revocation of Customs Broker License – Misdeclaration in Bills of Entry – Violation of Regulation 10(a), 10(d), 10(e), 10(m), and 10(n) of CBLR, 2018 – License Revocation Upheld – Appellant misdeclared consignor details as 'Ministry of Foreign Affairs, Abu Dhabi' to facilitate clearance of gold s...
Civil Law - Wakaf by User – Applicability of Section 3(d) of the J&K Wakafs Act, 1978 – Ziyarat is Wakaf by nature – Held that religious properties such as Ziyarat, Dargah, or Graveyard are Wakafs by user irrespective of formal notification – No formal declaration required under the Act for such properties to be treated as Wakaf – Appeal dismissed [Paras 13-15].
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Export Law - Export Incentives – Cash Compensatory Support (CCS) Scheme – Equivalence of Product Classification – Denial of CCS benefit quashed – Petitioners were denied CCS for exports made between 22 June 1989 to 8 May 1991 on the ground that ‘Castor Oil First Special’ was not the same as ‘Castor Oil Medicinal’ after the change in testing met...
Civil Law - Copyright Licensing – Rights of Assignees – Section 18 and Section 30 – Restrictions under Section 33 – Licensing Prohibited Without Compliance – The Court held that though PPL is the owner of copyright in the assigned sound recordings under Section 18(2), it cannot lawfully carry on the business of issuing licenses unless it is registered or is a member o...
Income Tax – Appeal Dismissal for Non-payment of Admitted Tax – Delay of 9 Years – Writ Jurisdiction Denied – ITAT and Commissioner (Appeals) had dismissed Ittina Infra-Tech’s appeals due to non-payment of admitted tax under Section 249(4)(a) IT Act—Assessee approached High Court after 9 years seeking remand—Held: Writ petition not maintainable due to dela...