Transfer Policy – Interference by Tribunal – Assessment of Norms – Government formulated transfer policy to address teachers' grievances for posting in home stations, prioritizing teachers wishing to return to their home stations for at least five years – Tribunal's order in O.A.No.1019/2017 striking down total restriction on teachers from outstation transfer challe...
Income Tax – Assessment Order – Natural Justice – Petitioner challenged the assessment order dated 7th March 2024 and the demand notice issued under the Income Tax Act – Contended that the assessment was based on evidence from third parties without allowing the petitioner to cross-examine them – Court observed that the petitioner had responded to the notices and parti...
Administrative Law – Tender Process – Judicial Review – Rejection of Bid – Petitioner challenged the rejection of its bid for selection as Mine Developer and Operator (MDO) by HPGCL, alleging arbitrary and unjust decision-making – The petitioner, a Joint Venture Company, was declared non-responsive due to not meeting the "Direct Holding Requirement" – ...
Civil Law - Export Credit – Interpretation of Maximum Tenure – Paragraph 1.1.2(ii) of the Master Circular – Partial Relief Granted - The Borrowers challenged the reversal of subvention on export credit due to delays in submitting export documents despite fulfilling export obligations within the stipulated period of 450 days. Held: Submission of export documents is a procedural re...
Civil Law - Trademark Infringement - Registration in Identical Classes - Passing Off – Phonetic, Structural, and Visual Similarity – Plaintiff established prior use and goodwill over the trademark "INDI" – Defendant’s use of "INDEED" found to be deceptively similar, creating a likelihood of confusion among consumers – Defendant’s lack of bona...
Rectification – Sections 47 and 57 of the Trade Marks Act – Cancellation of Mark – Petitioner successfully demonstrated prior use, goodwill, and reputation of the mark "RPG" – Respondent’s mark held to be an infringement of the petitioner’s well-known trademark – Held: Registration No. 2778255 in Class 23 canceled for bad faith adoption and likel...
Family Law - Irretrievable Breakdown of Marriage – Grant of Divorce under Article 142(1) – The Court dissolved the marriage between the petitioner and the respondent, citing irretrievable breakdown of marriage – The marriage was marred by multiple litigations, allegations of cruelty, and false criminal complaints – Held: The marriage had become emotionally dead and unworkab...
Matrimonial Law – Divorce - Mental Cruelty – Filing False Complaints – Section 13(1)(ia), HMA – Divorce Granted – The High Court held that the appellant-wife’s act of filing a false dowry harassment complaint against the respondent-husband and his family, later abandoned, amounted to mental cruelty – Prolonged separation of over 15 years demonstrated an ir...
Electricity Connection - Alternative Remedy - Consumer Grievance Redressal Forum: Petitioner sought court direction for a new electricity connection amidst pending civil suit for property possession and criminal writ for protection. High Court emphasized the statutory framework for consumer grievances under the Electricity Act, providing an effective, expeditious remedy through the Consumer Grieva...
SARFAESI Act – Agricultural Land Exemption – Writ Jurisdiction: Petitioner challenged the initiation of SARFAESI Act proceedings against its agricultural land, arguing that such land is exempt under Section 31(i) of the Act. The High Court reiterated that the classification of land in revenue records alone does not determine its status under SARFAESI; actual use and intention of the pa...