Writ Jurisdiction – Maintainability – Statutory Remedy – Writ petition under Article 226 filed against order of the Appellate Tribunal refusing waiver of pre-deposit of penalty – High Court dismissed petition for lack of territorial jurisdiction – Supreme Court held writ petition was not maintainable as statutory appeal under Section 35 of FEMA was available – H...
Constitutional Law – Power of High Court – Direction for CBI Investigation – Limits of Jurisdiction – High Court, while hearing an intra-court appeal against a Single Judge’s order in recruitment matters, converted the appeal into suo motu PIL and directed CBI to conduct a preliminary inquiry – Held: High Court exceeded its jurisdiction – Exercise of power...
Service Law – Departmental Enquiry – Natural Justice – Respondent, an Executive Engineer in PWD, was removed from service based on inquiry reports without being provided copies of documents relied on in the charge sheet – Held: Mandatory requirement under Rule 7(5) of the 1999 Rules to supply relevant documents not complied with – Denial of documents constituted denia...
Judicial Service – Eligibility Criteria – Basic Computer Knowledge – Appellant participated in selection for Civil Judge (Junior Division) under the Uttaranchal Judicial Service Rules, 2005 – Though successful in written and viva voce exams, he was not selected for lack of basic knowledge in computer operation – Held: Requirement of basic computer knowledge is part of...
Service Law – Recruitment – Cancellation and Re-Test – Irregularities in Examination – Appellants challenged High Court’s order directing appointments based on first written test despite Railway Board’s decision to hold re-test due to large-scale malpractices – Vigilance and CBI reports revealed serious irregularities including impersonation, mass copying ...
Hindu Marriage – Void Marriage – Second Marriage during subsistence of first – Conversion and Re-conversion – Compromise and Quashing of FIR – Woman, originally Muslim, married Hindu petitioner by Hindu rites while first marriage subsisted – Later divorce decree obtained – Held: Marriage void ab initio under Section 11 HMA as contravening Section 5(i); abs...
Taxation – Business expenditure – Non-resident – Lull in business vs cessation – Assessee, a French drilling company with ONGC contract till 1993, maintained continuous correspondences and bid activity with ONGC during 1993–1998, ultimately securing a fresh contract in October 1998 (formalised January 1999) – Held: Such sustained efforts show intention to carry ...
Banking Law – Priority of Secured Creditors – Sections 26E SARFAESI Act and 31B RDB Act – Mortgage created in 2011 by borrower in favour of petitioner bank – Subsequent attachment of same property by SDM, Jaunpur in 2015 for recovery of dues of Food and Civil Supply Department – Held: Illegal – Statutory charge of secured creditor has overriding effect – S...
Land Acquisition – Market Value – Section 26 of the 2013 Act – Determination based on sale instances – Reference Court justified in enhancing compensation by applying statutory criteria – Six genuine sale deeds in vicinity produced by claimant; three highest-value transactions averaged as per Explanation 2 to Section 26(1)(b) – 10% annual escalation added to bri...
Service Law – Recruitment to Public Posts – Writ Jurisdiction – Maintainability – Dispute relating to recruitment of Graduate Primary Teachers in Karnataka – Challenge raised by married women candidates regarding rejection of caste-cum-income certificates issued in the name of parents instead of husbands – Held: High Court erred in entertaining writ petitions di...