Writ - Habeas Corpus - Guardianship – Intellectual Disability – Legality of High Court Decision – Parens Patriae Doctrine Applied – The appellant, Aadith Ramadorai’s mother, challenged the High Court’s decision dismissing her habeas corpus petition seeking custody – The High Court held that Aadith, being a major, was voluntarily residing with his father an...
Service Law - Promotion – Requirement of Efficiency Test – Discretionary Power of Chief Justice – Petitioners, Junior Personal Assistants, challenged the notification dated 01.05.2024 requiring them to appear for an Efficiency Test for promotion—Petitioners argued that a previous batch was granted promotion without the test and claimed discrimination—Held: The Chief J...
Land Acquisition – Encumbrance-Free Possession – Delay Due to Litigation and Administrative Bottlenecks – The NHAI sought court intervention for expeditious possession of acquired land—Respondents cited pending arbitrations, court stays, and non-disbursement of compensation—Held: The encumbrance-free transfer of land must be prioritized—Chief Secretary of Punjab...
Civil Law - Recall of Witness – Inherent Powers – Section 151 CPC – Held: An application for recall of a witness cannot be entertained as a substitute for filling gaps in cross-examination – Recall under Section 151 is permissible only in exceptional circumstances – Application rejected due to delay and lack of justification [Paras 2-4, 20-22].
Filling Lacuna in Cr...
Taxational Law – CGST Act, UPGST Act - Provisional Attachment – Justification under Section 83 of UPGST Act – The petitioner’s bank account was provisionally attached due to alleged tax evasion – The petitioner contended that the attachment was arbitrary and relied on Radha Krishan Industries v. State of Himachal Pradesh (AIR 2021 SC 2114), where the Supreme Court rul...
Income Tax – Transfer of Case – Section 127 of Income Tax Act – Held: Transfer of petitioner’s case was justified as part of centralization of investigation into M/s. Falcon Marine Pvt. Ltd. and its group – Multiple cases were transferred for coordinated investigation – Transfer order upheld [Paras 7-8, 12-13].
Principles of Natural Justice – Requiremen...
Compassionate Appointment – Applicability of Rules at the Time of Death – Retrospective Effect Not Permissible – Claim Rejected - petitioners sought compassionate appointment for petitioner no. 2 under the Orissa Civil Services (Rehabilitation Assistance) Rules, 1990, after the death of the government employee – The opposite party rejected the application on the grounds tha...
Service Law – Pension Entitlement – Interpretation of Retirement Benefit Schemes – University Employees’ Rights – The appellant was appointed as a Junior Scientist cum Assistant Professor in 1987 and, as per the Rajendra Agricultural University Statutes, 1976, was required to opt for the Contributory Provident Fund (CPF) scheme if he did not wish to be covered under t...
Territorial Jurisdiction – Transfer of Proceedings – Section 25 of the Administrative Tribunals Act, 1985 – Retention of Case at Principal Bench of CAT – Validity of Chairman’s Order – Part of the Cause of Action Arising in Delhi – Petition Challenging the Retention of the Case by the Principal Bench of CAT dismissed – The respondent sought transfer ...
Medical Termination of Pregnancy – Rape Survivor – Judicial Review – Right to Life – Permission Granted – A 13-year-old minor, a victim of sexual assault, was diagnosed with a pregnancy beyond the permissible 24-week limit under the MTP Act – The petitioner (father of the minor) sought permission for termination, citing the grave risk to the child’s life d...