Judicial Review – Scope in Academic Matters – Examination Answer Keys – Limited Interference – The Appellants challenged the final answer key issued by the Haryana Public Service Commission (HPSC) for the PGT (Chemistry) screening test, contending errors in evaluation – The High Court held that judicial intervention in academic matters is permissible only in cases of ...
Family Law – Divorce Petition – Territorial Jurisdiction – Section 19 of the Hindu Marriage Act – The wife objected to the jurisdiction of the Family Court, Cuttack, stating that the couple last resided together in June 2017, whereas the husband filed for divorce in February 2019 when he was no longer residing in Cuttack – Held: The plea of lack of jurisdiction must b...
Civil Law - Eviction – Default in Payment of Rent – Section 12(1)(a) of the M.P. Accommodation Control Act, 1961 – Eviction Decreed – The plaintiffs/landlords filed a suit for eviction on the ground of non-payment of rent, alleging that the tenant was in arrears since 01.09.1982 – The tenant disputed the rate of rent and claimed an agreement for adjustment of house ta...
Civil – Writ - Religious Institutions – Police Interference – Mandamus Issued – Departmental Inquiry Ordered – Police Directed Not to Interfere in Religious Disputes – The Uttaradi Mutt filed a writ petition alleging that the police coerced them to hand over the keys of Sri Narahariteertha Swamy Brundavana to Sri Raghavendra Swamy Mutt – The petitioner cit...
Taxation Law - Income Tax – Refund – Interest on Delayed Payment – Entitlement of Assessee – Refund Granted with Interest – The petitioner applied under the Direct Tax Vivad Se Vishwas Act, 2020, and was entitled to a refund of Rs.2,20,41,042/- as per the order dated 12/05/2022 – Despite multiple representations, the refund was delayed due to alleged validation ...
Arbitration and Conciliation – Maintainability of Arbitration Petition – Settlement Through Conciliation – The Petitioner sought appointment of an Arbitral Tribunal to adjudicate disputes arising from an EPC Agreement with the Respondent – Respondent contended that disputes had already been settled through conciliation meetings held under Clause 26.2 of the Agreement &ndash...
Labour Law - Compassionate Employment – Entitlement under NCWA – Respondent No. 5 (widow of the deceased employee) sought employment under Clause 9.3.2 of the NCWA-VI and VII, which provides for employment to a dependent of a worker who dies while in service – Employer contended that the employee was terminated after unauthorized absence before his death – Held: Since the e...
Civil Law - Negative Declaratory Relief – Suit for Declaration of Non-Marital Status – Maintainability – Section 34 of the Specific Relief Act, 1963 – Defendant contended that a suit seeking a declaration that no marriage exists is barred under Section 34 – Court held that a suit for declaration of legal status is maintainable under Section 9 CPC, irrespective of the ...
Land Acquisition – Lapse of Proceedings – Section 24(2) of the 2013 Act – Petitioner sought declaration that acquisition proceedings had lapsed due to non-payment of compensation and non-possession – Initial dismissal of writ petitions by the High Court, followed by remittance from the Supreme Court for fresh decision on issues excluding the field covered by Indore Developm...
Civil Law – Order 21 Rule 32 CPC – Violation of Decree – Petitioners filed a revision petition against the dismissal of their application under Order 21 Rule 32 of the CPC by the Civil Judge, Pathankot – Petitioners alleged that the respondents willfully violated the judgment and decree dated 24.04.2014, which restrained them from interfering with the petitioners' posse...