Matrimonial Law - Family Courts – Representation by Power of Attorney – Order III Rule 1 CPC – Permissible – Petitioner, a non-resident Indian, sought to prosecute a matrimonial case through a power agent due to travel restrictions – Family Court refused to number the power of attorney petition – Held: Representation through a duly registered/adjudicated power o...
Copyright – Ownership of Musical Works in Cinematograph Films – Plaintiff claimed ownership of sound recordings, musical & literary works in the song ‘En Iniya Pon Nilave’ from the 1980 film ‘Moodu Pani’ via an assignment from the film’s producer – Defendant No. 3 (Music Composer) claimed independent rights under Section 14(1)(a) – Held: Un...
Civil Law - Second Appeal – Scope of Interference – Section 100 CPC – Limited to Substantial Question of Law – High Court cannot interfere with concurrent findings of fact unless findings are perverse or based on inadmissible evidence – Held: No substantial question of law arises – Appeal dismissed [Paras 14-15].
Suit for Declaration and Possession – Re...
Taxation Law - Entry Tax – Constitutional validity of the West Bengal Tax on Entry of Goods into Local Areas Act, 2012– Single Judge’s Judgment Set Aside – The Single Judge, relying on overruled precedents, declared the Entry Tax Act, 2012 unconstitutional—The Supreme Court in Jindal Stainless Ltd. v. State of Haryana held that the compensatory tax theory was not a va...
Taxation Law – Income tax - Reassessment Notices – Limitation Period and Effect of TOLA – Section 149 of the Income Tax Act, 1961 – Petitioners challenged reassessment notices issued under Section 148 on the ground that they were beyond the permissible limitation period – Supreme Court in Rajeev Bansal v. Union of India, 2024 SCC OnLine SC 2693 held that the period fr...
Right to Protest – Regulation by Authorities – Constitutional Safeguards – The petitioners sought permission for a demonstration against alleged temple land encroachment, which was denied citing potential communal disharmony – Held: Right to protest is fundamental but subject to reasonable restrictions – Authorities must handle such requests with fairness and not impo...
Senior Citizens’ Rights – Eviction of Permissive Occupants – Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Son-in-law of the deceased daughter sought to claim residence in the house owned by his father-in-law – Contended that he contributed towards construction and had adverse possession – Held: The appellant was a permissi...
Service Law – Recruitment – Two-Child Norm – Relaxation for Widows – The petitioner's candidature for the post of School Lecturer was rejected due to having more than two children after 01.06.2002 – The petitioner contended that a disabled child should not be counted under the two-child norm as per the notification dated 28.02.2011 – The respondents argued t...
Will – Proof and Validity – Dispute over property between mother-in-law and daughter-in-law – Appellant claimed exclusive ownership based on a Will executed by the deceased son – Respondent contested the Will as forged – Trial Court and First Appellate Court found the Will shrouded in suspicious circumstances – Scribe of the Will was a milkman with minimal educa...
Maintainability of Writ – Article 226 – Guild Not Amenable to Writ Jurisdiction – The Court held that the Publishers and Booksellers Guild, being a private society registered under the Societies Registration Act, is not a "State" under Article 12 of the Constitution. The Guild's actions do not qualify as discharging public functions akin to State functions. The even...