Service Law – Selection Process – Allegation of Nepotism – Rule against Bias – Validity of Appointments Upheld – The selection of Shiksha Karmis was challenged on the ground that several appointees were related to members of the selection committee, violating the principle of nemo judex in causa sua – The Collector quashed the selection without issuing notices t...
Condonation of Delay – Delay of 586 Days in Filing Appeal – High Court’s Decision Set Aside – The High Court condoned the delay of 586 days in filing the appeal by subsequent purchasers, reasoning that they were senior citizens residing abroad and were unaware of the proceedings – Held: Mere passage of time or reliance on vendor’s assurances is not a sufficient ...
Termination of Government Counsel – Violation of Principles of Natural Justice – Inquiry Based on Unverified Video – Termination Set Aside – The petitioner, who was serving as A.D.G.C. (Criminal) in District Hathras, was removed from his post by an order of the Joint Secretary, Law Department, based on an inquiry report alleging objectionable remarks against Mahatma Gandhi ...
Civil Law - Order VI Rule 17 CPC - Amendment of Pleadings – Post-Trial Amendment – Due Diligence Requirement – Plaintiffs sought amendment after trial commenced, contending that they discovered fraud in a prior decree only when documents were marked in another suit—Held: Plaintiffs failed to establish due diligence as the defendants had disclosed all relevant documents in t...
Taxation Law - Income Tax – Reassessment – Issuance of Notice to a Non-Existent Company – Violation of Legal Principles – Petitioner challenged notices under Section 148 issued by the Income Tax Department to Amanora Future Towers Pvt. Ltd. (AFTPL), which had ceased to exist post-merger with City Corporation Limited (CCL) under an NCLT order—Held: The issuance of reas...
Service Law – Voluntary Retirement – Deemed Acceptance Under Rule 56(k), FRs – The petitioner applied for voluntary retirement under Rule 56(k) of the Fundamental Rules, fulfilling all required conditions, but received no response from the respondents—Held: Rule 56(k) creates a right to voluntary retirement upon fulfilling the prescribed conditions, and if the employer does...
Income Tax Law – Penalty under Section 271D – Bar of Limitation – Revenue's Appeal Dismissed – ITAT’s Decision Upheld – Limitation for Penalty Proceedings – Distinction Between Initiation and Completion – Section 275(1)(c) of the Income Tax Act, 1961 – Whether initiation of penalty proceedings under Section 271D is time-barred – Held:...
Landlord-Tenant Dispute – Recovery of Possession – Arrears of Rent – Suit Allowed – Plaintiff, a registered Sangam, sought recovery of possession of a marriage hall and movables (furniture and utensils) leased to the defendant, along with arrears of rent, damages, and mesne profits – Defendant admitted tenancy but failed to pay fair rent fixed by the Rent Control Trib...
Family Law – Permanent Alimony – Assessment of Husband's Financial Capacity – The husband challenged the trial court's award of ₹10 lakhs to the wife and ₹5 lakhs to the minor daughter as permanent alimony, while the wife sought enhancement of the amount – Evidence established that the husband had adequate financial means, including agricultural land, a petrol p...
Electricity Regulation – Compliance with HERC Regulations – Consumer Protection – Directions issued to the petitioner to comply with Regulation 5.5 of HERC Single Point Supply Regulations – Petitioner alleged violation of natural justice principles for non-service of notice – The Court held that the petitioner was aware of the proceedings through its principal, M/s Ma...
