Civil Writ - Government's Power to Take Over Water Bodies – Compliance with Natural Justice Required – No Proof of Private Ownership - The petitioner contended that the impugned order under Section 17A of the West Bengal Inland Fisheries Act was passed without due notice and without verifying whether the property was indeed a water body – The respondent-KMC argued that the la...
Delay in Pronouncement of Judgment – Prejudice to Litigants – Order Set Aside - The Single Judge heard arguments on 18/05/2022 but pronounced the order only on 05/06/2023 – The appellants contended that the delay violated judicial discipline and deprived them of the opportunity to seek timely relief – The High Court held that while mere delay does not invalidate an order, i...
Accident Claim - Compensation for Motor Accident Injuries – Just and Reasonable Award – Enhanced by High Court - The claimant sustained grievous injuries in a motor accident and was awarded ₹1,40,000/- by the MACT – The High Court found that the tribunal did not adequately compensate for pain, suffering, medical expenses, and loss of earnings – Held: Compensation enhanced...
Civil Law - Contempt of Court – Violation of Undertaking – Appellants Held Guilty of Disobedience – The appellants’ counsel gave an undertaking before the Trial Court on 11th July 2007 and 13th August 2007 that they would not alienate the suit property – The undertaking was later made into a court order on 17th November 2007 and extended periodically – Despite t...
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...