Competition Law – Combination Approval – Section 29 of the Competition Act – Validity of Process Followed by CCI – The appellants contended that the approval of the combination by the CCI was vitiated due to non-compliance with procedural requirements under Section 29 – Specifically, they argued that the CCI failed to issue show cause notices to both the acquirer (...
PIL - Right to Health – Fundamental Right – State’s Obligation – The court reaffirmed the right to health as a fundamental right under Article 21 of the Constitution – Held: Providing adequate medical facilities, staffing, and infrastructure is a constitutional obligation of the state – Directed the State of Karnataka to address the acute shortage of medical per...
Jurisdiction of Civil Court – Bar under Section 331 of the U.P. Zamindari Abolition and Land Reforms Act – Suit for Cancellation of Sale Deed – A suit for cancellation of a sale deed executed on the basis of fraud and misrepresentation is maintainable before a Civil Court – Section 331 does not bar the jurisdiction of the Civil Court unless the relief sought pertains exclus...
Civil Law - Permanent injunction - Land Assignment – Cancellation of DKT Patta – Validity of Cancellation Process – Procedural Irregularity – Rejection of Claim – The Plaintiff challenged the cancellation of a DKT Patta and sought a permanent injunction against dispossession – The First Appellate Court found that the cancellation was done after due notice and th...
Taxation Law - Income Tax – Reassessment Proceedings – Rule Against Reopening Same Issue Twice – The petitioner’s income for AY 2017-18 was previously reassessed under Section 147 read with Section 144B based on allegations of undervaluation of shares – The assessment order passed on 29.03.2022 accepted the petitioner’s explanation and made no additions – ...
Motor Accident Claims – Applicability of Limitation Period Under Amended Section 166(3) – Prospective Effect – The petitioner challenged the maintainability of a claim petition filed under Section 166 of the MV Act, arguing that it was barred by the six-month limitation period introduced by the Motor Vehicles (Amendment) Act, 2019 – Held: The six-month limitation under Sect...
Service Law – Ad-hoc Appointment – Non-renewal of Contract as Discriminatory Action – The petitioner, who had served as an Assistant Professor (Forensic Science) on a contractual basis for three years, was not granted renewal of her contract, while two similarly placed candidates were retained – Held: Non-renewal of the petitioner’s contract without a formal order whi...
Service Law – Appointment as Aanganwadi Worker – Eligibility for BPL Bonus Marks – Petitioner’s appointment was annulled by the Commissioner, Rewa Division, on the ground that she erroneously received 10 bonus marks for BPL Category – The petitioner relied on a BPL card issued in the name of her co-sister (Jethani), which was later found to contain overwriting –...
Succession Certificate – Grant Without Notice – Revocation Not Permissible but Title Can Be Adjudicated – The defendants obtained an extended succession certificate without notice to the plaintiffs—The plaintiffs sought revocation, which was denied as revocation is not explicitly provided under the Indian Succession Act—The plaintiffs then filed a suit for declaration...
Income Tax – Revisional Jurisdiction – Section 263 of the Income Tax Act – The power of revision can be exercised by the CIT only if the assessment order is both erroneous and prejudicial to the interests of the Revenue – Held: Since the Assessing Officer (AO) had not examined the issue of computation of book profits under Section 115J, the CIT was justified in invoking rev...