Service Law – Promotion Criteria – Eligibility for Teaching Cadre – Dispute regarding promotion to the post of Associate Professor in the Teaching Cadre of the Medical Education Services, Kerala – High Court set aside the Tribunal’s decision dismissing the claim of Dr. Jyotish against the promotion of Dr. Sharmad – Supreme Court restored the Tribunal’s dec...
Constitutional Law – Right to Dignity and Hygiene – Article 21 of the Constitution – Right to life includes the right to a hygienic environment, ensuring access to clean and safe toilet facilities – PIL filed to mandate the construction and maintenance of separate toilets for men, women, transgender persons, and persons with disabilities in all courts and tribunals – ...
Service Law – Promotion to District Judge – Merit-cum-Seniority – Suitability Test – Jharkhand Superior Judicial Service Rules – Appellants challenged the denial of promotion despite qualifying the suitability test, asserting that promotions based on a comparative merit list contradicted the governing rules – Supreme Court held: Promotions under the 65% quota mu...
Civil Procedure – Bar under Order II Rule 2 CPC – Maintainability of Second Suit – Plaintiff filed a second suit for specific performance after a prior suit for permanent injunction – Issue regarding whether both suits were based on the same cause of action – Held: The second suit was not barred under Order II Rule 2 as the cause of action in the second suit arose fro...
Cancellation of Letter of Intent - Unauthorized Use of Additional Land – The petitioner, selected as an LPG distributor, constructed the godown on additional plots of land (not approved in the LOI) and failed to inform Indian Oil Corporation Ltd. (IOCL) – Held: Construction on unauthorized plots without prior approval violates the terms of the LOI and brochure guidelines – LOI ca...
Taxation Law - Direct Tax – Computation of Disputed Tax – Applicability of 100% Rate – Section 3, DTVSV Act – Circular No. 21/2020 – Petitioner’s case mistakenly treated as a “search case,” and disputed tax computed at 125% instead of 100% – Respondents conceded the error, acknowledging it as a "non-search case" – Held: Tax to b...
Appointment of Lambardar – Preference to Ex-Servicemen – Rule 15(c) of Punjab Land Revenue Rules – Collector’s Decision Upheld – The appellant challenged the appointment of the private respondent as Lambardar, arguing that the appellant’s younger age (29 years) should outweigh the respondent’s experience as a retired Subedar (51 years old) – Held: Ru...
Money Laundering – Attachment of Property – Provisional Attachment Order Upheld - The petitioners challenged the PAO attaching properties allegedly linked to proceeds of crime under the PMLA, arguing non-compliance with mandatory provisions, including the absence of reasons to believe and the lack of connection between attached properties and proceeds of crime – The Court upheld ...
Enemy Property – Classification and Requisition – Petitioner contested the inclusion of his property as enemy property under the Enemy Property Act, 1968 – Contention that petitioner’s father had not voluntarily acquired Pakistani citizenship – Government of India had already determined that petitioner’s father was an Indian citizen – High Court held that ...
Civil Writ - Unauthorized Constructions – Demolition of Buildings – Regularization Under MRTP Act – Petitioners sought to challenge notices issued by the Tahsildar for the demolition of their apartments, contending that they were third-party purchasers and entitled to regularization – Held: Petitioners' claim of innocent purchase is untenable when ownership stems from i...