Civil Law – Suit for possession - Doctrine of Part Performance – Protection under Section 53-A of the Transfer of Property Act – Essential Conditions – Protection Denied – The appellant/defendant claimed protection under Section 53-A, arguing that she had taken possession of the property under an agreement of sale – The plaintiffs contended that possession was n...
Service Law - Delay in Filing Writ Appeals – Lethargic Approach of State Authorities – The State of Odisha challenged the High Court’s dismissal of Writ Appeals due to excessive delay – Held: The State displayed extreme carelessness and inordinate delay in pursuing appeals, failing to provide a satisfactory explanation – Courts do not assist those who sleep over their...
Right to Education – Medical Admission – Denial of MBBS Admission to a Candidate with Disability – The appellant, diagnosed with 58% disability, was denied admission despite clearing the NEET-UG exam with a qualifying rank – The Disability Assessment Board rejected his eligibility based on existing guidelines, which mandated that candidates must have “both hands intac...
Compassionate Appointment – Applicability of Financial Condition Criteria – Canara Bank Scheme of 1993 – The appellant bank rejected the respondent’s claim for compassionate appointment on the grounds that his family was receiving pension and had received terminal benefits – The High Court held that financial condition was not a relevant factor under the 1993 scheme &...
Taxation Law - Admissibility of Additional Evidence – Rule 46A of the Income Tax Rules, 1962 – Tribunal's Action Justified – The appellant challenged the ITAT's refusal to admit additional evidence regarding a Will that was not presented during the assessment or CIT(A) stages – Held: Rule 46A conditions were not met, as no application for admitting new evidence was ...
Recruitment Process – Qualification Equivalence – Role of Employer – The High Court ruled that only candidates possessing a Diploma in Electrical Engineering were eligible, thereby setting aside the selection of candidates with a Diploma in Electrical and Electronics Engineering – Held: Equivalence of educational qualifications is primarily a matter for the employer to deci...
IBC - Personal Insolvency – Jurisdiction of Adjudicating Authority – The High Court quashed personal insolvency proceedings against the respondent (guarantor) on the ground that his liability as a personal guarantor had been waived – Held: Under the IBC, the adjudication of such issues is within the exclusive jurisdiction of the Adjudicating Authority (National Company Law Tribun...
Public-Private Partnership – Scope of Judicial Review – The High Court directed RPPL to reimburse Rs. 42 crores spent by the State and to deposit Rs. 15 crores in advance for future events – Held: Courts cannot interfere with contractual obligations voluntarily undertaken by parties in a public-private partnership unless there is an allegation of illegality, fraud, or arbitrarine...
Professional Misconduct - Advocate-on-Record – Duty of Care – Misrepresentation in SLP – An advocate-on-record filed an SLP concealing crucial facts about the appellant’s sentence, leading to wrongful interim relief – Held: An advocate-on-record is wholly responsible for verifying the correctness of petitions filed before the Supreme Court – Mere name lending wi...
Penalty under Section 47(6) KVAT Act – The Tribunal cancelled the penalty imposed on the respondent assessee, noting that the consignment was accompanied by valid transport documents and statutory declarations – Held that the documents demonstrated no intent to evade tax, rendering the penalty order unsustainable [Paras 1-9].
Assessment based on Penalty Order – The Tribunal al...