Matrimonial Law – Divorce – Mental Cruelty – Vague Allegations and Police Cases – Divorce Denied – Appellants, two brothers, filed separate divorce petitions under Section 13(1)(ia) of HMA alleging cruelty by their wives who are sisters – Alleged incidents included quarrels, assaults, poisoning, FIRs and refusal to attend last rites – All FIRs ended in acq...
Education Law – Admission to Professional Courses – B.Sc. Nursing – SEBC/OBC Category – Eligibility Relaxation – Cut-Off Date – Petitioners sought benefit of reduced qualifying marks (40th percentile) in view of Indian Nursing Council guidelines – Court held that the benefit was rightly granted to those who applied within the extended admission deadline (3...
Civil Procedure – Ex Parte Decree – Refusal to Accept Summons – Presumption of Service – Summons sent to Appellant’s known addresses returned with endorsements of “refused” – Legal notices had also been previously served at same addresses – Appellant failed to rebut presumption of valid service under Section 27 of the General Clauses Act &ndash...
Tender Law – Disqualification of Lowest Bidder – Abnormally Low Bid – Petitioner submitted financial bid quoting ₹1.92 for Packet-1 and ₹4.55 for Packet-2 in UIDAI tender for Aadhaar document verification services – Petitioner declared L-1 based on highest technical score and lowest combined commercial bid – Financial Evaluation Committee (FEC) disqualified bid ci...
Mines and Minerals – Lease Lapse – Revival Application – Subordinate Legislation – Retrospective Operation – Rule 20(7) of 2016 Rules Held Valid – No Vested Right in Revival – Petitioners sought revival of lapsed iron and manganese mining lease granted in 1990 and lapsed due to inactivity – Revival sought under third proviso to Section 4A(4) of MMDR ...
Examination Law - Civil Writ - OMR Evaluation – Incorrect Bubbling of Roll Number – DSSSB Exams – Petitions filed against conflicting CAT orders involving identical issues – One candidate’s OMR sheet was evaluated despite incorrect bubbling and later rejected, while the other’s was not evaluated at all – Held: If the OMR was already evaluated and candidate...
Election Law – Election Petition – Rejection at threshold – Pleadings insufficient – Application under Order 7 Rule 11 CPC allowed – Election Petition filed under Section 100 RP Act to challenge election of Respondent No.1 on five grounds: three alleging corrupt practices, one for improper acceptance of nomination, and one for improper refusal of votes – Court h...
Election Law – Interlocutory Application – Dismissal of Election Petition – Non-filing of Form-25 Affidavit – Section 83(1)(c) Proviso – Section 86(1), Representation of the People Act, 1951 – Res Judicata and Constructive Res Judicata – Respondent sought dismissal of election petition on ground that allegations of corrupt practice were not supported by af...
Income Tax – Section 14A Disallowance – Mandatory Recording of Satisfaction – Disallowance Deleted – The Assessing Officer disallowed ₹5,07,04,000 under Section 14A read with Rule 8D – Held: AO failed to record any dissatisfaction with assessee’s claim of no expenditure incurred in earning exempt income – In absence of proper satisfaction as mandated und...
Railway Accident Claim – Compensation – Untoward Incident – Circumstantial Evidence – Deceased, a 17-year-old boy, died after falling from a local train due to crowd rush while on his way to visit Lalbaugcha Raja – Incident not reported to railway officials but immediate statements given to police at hospital and documented in inquest panchnama and postmortem report &...