Service Law - Summary Security Force Court (SSFC) – Requirement of Immediate Action – Procedural Irregularities – Proceedings Held Invalid – The SSFC was convened 59 days after the alleged incident without any recorded justification for the urgency required under the BSF Act – SSFC should be convened only in cases of grave and imminent necessity – The delay in c...
Trade Mark Registration – Device Mark – Applicability of Section 9(1)(b) – Refusal by Registrar Set Aside – Petition filed against rejection of the petitioner’s device mark under Section 9(1)(b) of the Trade Marks Act, 1999—Held: A device mark must be examined as a whole—Registrar erred in isolating constituent elements of the mark instead of assessing its...
Matrimonial Dispute – Divorce – Cruelty – Prolonged Separation – Irretrievable Breakdown of Marriage – Divorce Upheld – The husband filed for divorce alleging cruelty and mental illness of the wife, whereas the wife countered with allegations of cruelty by the husband and his family – Both parties failed to establish their respective claims of cruelty with...
Income Tax – Search and Seizure – Section 153C Proceedings – Validity of Assessment Against Other Person – The Revenue initiated proceedings against the assessee under Section 153C without recording a satisfaction note in the file of the searched person – Held: Recording a satisfaction note by the Assessing Officer of the searched person is a sine qua non before invok...
Civil Law - Adverse Possession - Establishment of Ownership – Defendants claimed ownership through adverse possession since 1890 – Mutation No. 139 (1895-96) revealed possession transferred to defendants' predecessors based on an agreement to sell, but no registered sale deed was executed – Held: Long-standing possession by defendants (over 130 years) became adverse; earlier ...
Criminal Law - Income Tax Act – Prosecution for Late Filing of Returns – Compounding of Offences – Appellant delayed filing income tax returns for AY 2011-12 and AY 2013-14 – Show cause notices issued under Section 276CC of the Income Tax Act, 1961 – Appellant’s compounding application for AY 2011-12 allowed, but rejected for AY 2013-14 on the ground that it was...
Motor Accident Compensation – Enhancement of Compensation – Functional Disability – Future Prospects – Appellant, a 25-year-old labourer, suffered amputation of his right hand below the elbow due to an accident involving a thresher machine attached to a tractor driven negligently by Respondent No.2 – MACT awarded Rs.3,76,090/- considering 20% permanent disability and ...
Challenge to the constitutionality - Legislative Power – Repeal of Law – Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003 – Validity Upheld - Karnataka Legislature enacted the 2003 Repeal Act, repealing the 1976 KCCA Act, which had previously nationalized private contract carriages – Held: The power to repeal a statute is coextensive with the po...
Consumer Law - Insurance Law – Rejection of Insurance Claim – Validity of National Permit – Non-Payment of Authorization Fee – Appellant’s insured truck caught fire due to a short circuit on 08.06.2014 while operating in Bihar – Insurance company rejected the claim, arguing that the national permit was not valid due to non-payment of the authorization fee beyond...
Recruitment Process – Cancellation of Previous Selection Process – Right to Reapply – Petitioners participated in 2022 recruitment process but were unable to secure positions—Recruitment process was cancelled by AAI on 13/02/2024—A fresh recruitment process was initiated on 19/12/2024, but petitioners became over-aged under the new eligibility criteria—Held: Can...
