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 ...
Civil Law - Partition Suit – Ancestral Property – Plaintiff's Right Established – The plaintiff sought partition of joint family property, claiming a 1/3rd share – Defendants contended that the plaintiff had relinquished her rights through an unregistered relinquishment deed – The Trial Court held that the plaintiff had not relinquished her rights and decreed the ...
Contractual Employment – Right to Regularization – No Vested Right in Fixed-Term Employees – The petitioners were appointed under "Mission Mangalam" scheme on contractual basis for three years as per Government Resolution dated 16.11.2010 – Upon completion of tenure, their services were not extended, leading to petitions for regularization and parity with governme...
Taxation Law - Fixed Place Permanent Establishment (PE) – Business Connection – No Fixed Place PE Established – Test of Disposal Not Satisfied – The Revenue contended that Nokia OY had a Fixed Place PE in India through its subsidiary, NIPL – The Court examined whether a fixed place of business was at the disposal of the assessee for conducting its business – Hel...
Service Law - Termination of Service – Reliance on Police Verification Report Despite Acquittal – Order Set Aside – The petitioner was appointed as a Shikshan Sevak in a municipal school but was terminated based on a pending criminal case, despite being acquitted before the termination order was issued – The Court held that once the petitioner was acquitted, reliance on a p...
Civil Writ - Medical Admission – Arbitrary Allotment of Seat – Violation of Merit-Based Selection – The petitioner, who was eligible under the NCC-Female Open Category, was denied admission to the MBBS course despite being higher in merit than the 4th respondent – The University failed to produce any record showing that the seat was properly vacated before allotment to the ...
Writ - Police Harassment and Bribery – Dismissal of Petition Due to Lack of Evidence – Petition Dismissed – The petitioner, a self-proclaimed anti-corruption crusader, alleged harassment and bribery demands by police officials. He claimed to possess a video CD showing police officials receiving bribes, but failed to submit the original CD as directed by the Court. Despite multipl...