Matrimonial Law – Divorce – Irretrievable Breakdown – Article 142 Invoked – Trial Court and High Court rejected husband’s petition under Section 13 on grounds of cruelty and desertion – Parties living separately for nearly two decades – Despite opportunity, mediation failed – Supreme Court held: Marital relationship broken beyond repair – Conti...
Criminal Law – Circumstantial Evidence – POCSO/rape of minor – Last seen theory and recoveries disbelieved – FIR omissions and witness conduct found highly suspicious – Chain of circumstances not proved – Conviction set aside and accused acquitted [Paras 21-22, 31-33, 49-52, 68-77, 78-79].
Circumstantial Evidence – Governing principles – Five gold...
Service Law – Appointment from Rank List – Validity of Rank List vs. Communal Rotation – Vacancy Arising Due to Resignation – Appellant, a Scheduled Caste candidate, was second in rank list for Associate Professor post reserved for SC – First-ranked candidate (Dr. Anitha) resigned after serving over a year – Appellant claimed right of appointment during currency...
Administrative Law – Power of Chief Justice – High Court Additional Sitting – Section 51(3) of States Reorganisation Act – Validity of Notification – Notification appointing Kolhapur as an additional place of sitting of the Bombay High Court challenged under Article 32 – Petitioner contended that such appointment amounts to establishing a permanent bench, requir...
Advocates – Suspension from Practice – Ex Parte Order – Principles of Natural Justice Violated – Bar Council of U.P. passed an order suspending petitioner for 10 years from practicing law on the allegation of bigamy – Petitioner argued he was not served notice or given opportunity of hearing – Court found that notice dated 17.02.2025 fixed appearance on 10.03.20...
Taxation Law - Income Tax – Deduction of Head Office Expenditure – Interpretation of Section 44C, Income Tax Act, 1961 – Exclusive vs Common Expenditure – Non-Resident Assessee – Ceiling on Deduction – Scope of “Head Office Expenditure” – Appeals by Revenue Allowed – Matters Remanded
Income Tax – Non-Resident Assessee – Hea...
Motor Accident Compensation – Death of Minor Child – Enhancement of Compensation – Notional Income – Multiplier – Appeal arose from claim filed by parents of a 14-year-old boy who died in a road accident caused by rash and negligent driving of a truck – Tribunal awarded meagre compensation of Rs.1,29,500/- – High Court enhanced compensation to Rs.4,70,000/...
Service Law / Recruitment – Eligibility Condition – Driver Posts – Continuous valid driving licence for two years – Renewal after expiry – Break cannot be treated as “continuous” merely because renewal is granted – After Motor Vehicles (Amendment) Act, 2019, licence does not continue even for a single day beyond expiry and renewal takes effect from d...
Prevention of Corruption Act – Illegal Gratification – Proof of Demand and Acceptance Mandatory – Appellant, a police officer, was convicted under Sections 7 and 13(1)(d) read with Section 13(2) of the PC Act for allegedly accepting ₹10,000 as bribe to avoid arresting the complainant’s relative – Complainant (PW-7) turned hostile and denied having any direct interac...
Arbitration – Section 11 – Consortium Agreements – Existence of Arbitration Agreement – Referral to Arbitral Tribunal Upheld – First respondent (Tecpro Systems Ltd.), a member of a three-party consortium, invoked arbitration individually under Clause 22.2 of General Conditions of Contract – Appellant objected that only the Consortium could invoke arbitration, no...