Scope of Section 100 CPC – Exercise of Second Appellate Jurisdiction – High Court can interfere with lower courts’ findings only when there exists a substantial question of law – Interference with findings of fact not warranted unless perverse or based on no evidence – Held: The concurrent findings of the Trial Court and First Appellate Court dismissing the suit were ...
Civil Law - Permanent Injunction – Grant Without Finding of Possession – Order Set Aside – The lower appellate court maintained the trial court’s dismissal of the suit for cancellation of the sale deed but granted a permanent injunction in favor of the plaintiff-respondent – The High Court held that an injunction cannot be granted without recording a clear finding of ...
Civil Writ - Challenging the expulsion of the Petitioner from the Bihar Legislative Council - Judicial Review – Scope under Article 212 – Legislative Privilege Not Absolute – Maintainability of Writ Petition – The Respondents contended that the proceedings of the Bihar Legislative Council are immune from judicial review under Article 212(1) of the Constitution – Held:...
Tenancy Law - Eviction Suit – Bona Fide Need – Landlord's Right to Choose Property for Use – The appellant-landlord sought eviction of the tenant for the purpose of establishing an ultrasound business for his two unemployed sons – The trial court decreed the suit, holding that the bona fide need was established based on financial capacity and suitability of the premises...
Civil Writ – Tender - Public Procurement – Rights of Micro and Small Enterprises – 25% Procurement Mandate – Enforceability of Procurement Policy – The petitioners, an MSE engaged in pharmaceutical manufacturing, challenged government tenders requiring high minimum turnover thresholds, preventing their participation – Contended that the Public Procurement Policy...
Taxation Law – VAT - Taxation of Set-Top Boxes (STBs) – Whether STBs are Goods – Interpretation of Section 2(15) KVAT Act, 2003 – The petitioners challenged the Karnataka Appellate Tribunal’s decision, which held that Set-Top Boxes (STBs) provided to subscribers for a fee constitute a ‘sale’ under Section 2(29)(d) of KVAT Act, 2003 – Petitioners argu...
Civil Writ - Passport Reissuance – Mere Registration of FIR Not a Ground for Denial – Held: The mere pendency of an FIR or ongoing investigation is not a ground for refusing the issuance or renewal of a passport – Under Section 6(2)(f) of the Passport Act, 1967, the bar applies only when proceedings are pending before a criminal court – Investigation alone does not qualify ...
Service Tax – Lottery Distributors – Principal-Agent vs. Principal-to-Principal Relationship – No Service Tax Liability – The Government of Sikkim entered into agreements with the respondents for the sale of lottery tickets – The agreements provided for the outright sale of tickets, with unsold tickets being returned for destruction to ensure transparency – The ...
Civil Law - Partition Suit – Co-Ownership Established – Appeal Dismissed – The respondents sought partition of 1/3rd share in 2 kanals of gair mumkin land, claiming ownership through sale deeds – The appellant contended that she had exclusive possession based on an unregistered writing from 1985 – The lower courts found that the appellant failed to prove her exclusive...
Limitation Law – Condonation of Delay – Family Court Appeal – Held: Delay of 21 days in filing the appeal is not inordinate – The explanation provided by the applicant is reasonable – Courts must adopt a pragmatic, justice-oriented approach in matrimonial matters – Delay condoned [Paras 10, 13, 24].
Limitation Law – Family Courts Act vs. Hindu Marriage ...