Municipal Law – Unauthorized Construction – Bar on Civil Court Jurisdiction – Section 433A MMC Act – Civil Court Cannot Entertain Suit Challenging Demolition Notices – Plaint Rejected – Plaintiff challenged notices under Sections 260 and 478 MMC Act alleging unauthorized construction – Civil court refused to reject plaint holding suit not barred – He...
Criminal Law – Rape – Conviction Set Aside – Appellant convicted under Section 376 IPC for alleged rape of sister-in-law – Incident dated 20.01.2015 and attempt on 23.01.2015 – FIR filed after one month with no satisfactory explanation for delay – Held: Delay not convincingly explained, undermining the prosecution’s case [Paras 1, 15, 21] –
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Taxation Law - Sales Tax – Trademark – Assignment of Intangible Asset – Situs of Trademark – Transaction Held as Export – Not Taxable Under State Sales Tax Law – Brand Acquisition Agreement transferring ownership of registered trademark ‘Crocin’ from Indian company to UK-based entity executed in London – Held: Trademark, being an intangible ass...
Civil Law – Rejection of Plaint – Order 7 Rule 11 CPC – Limitation – Partition Suit – Petitioners sought rejection of plaint as hopelessly time-barred, citing mutation entry of 1976 which allegedly recorded partition of ancestral property – Plaintiffs claimed they had no knowledge or consent to such partition and alleged fraudulent mutation – Held: Determi...
Public Service Commission – Scaling of Marks – Validity of Scaling Formula in Exams with Optional Papers – RPSC adopted scaling method in optional subjects of competitive exam for Forest Services after finding wide subject-wise variation in difficulty index and mean marks – Appellants contended that scaling was not authorized under the 1962 and 2015 Rules and yielded arbitr...
Election Law – Rejection of Election Petition – Order VII Rule 11 CPC – Application for rejection of election petition on grounds of vague pleadings and lack of cause of action – Allegations included concealment of assets in Form 26, improper acceptance of nomination, and non-compliance with mandatory provisions regarding EVM/VVPAT use – Held: Petition discloses mater...
Banking Law – Debit Freezing of Accounts – Suspicious Transactions – No Law Enforcement Requisition – Banks froze petitioners' accounts based on internal suspicion of large-value transactions inconsistent with declared income profiles – No directions received from law enforcement or court for account freezing – Held: Though RBI directions do not explicitly a...
Motor Accident Claims – Delay in FIR – Rejection of Claims – Set Aside – Appellants, husband and wife, injured in motorbike accident, filed claims which were dismissed by Tribunal for delay in lodging FIR – Medical records (Exhibits P7 and P10) substantiated road traffic accident – Held: Delay alone not sufficient ground to disbelieve accident – Mental ago...
Service Law – Reinstatement – Notional Increment – Tribunal directed refixation of pay with notional increment for period when employee was out of service – Respondent reinstated without back wages pursuant to Labour Court order upheld by High Court – Held: In absence of specific direction for consequential benefits or notional increments, such benefits cannot be clai...
Public Trusts – Suit for Possession – Consent of Charity Commissioner – Sections 50 and 51, Bombay Public Trusts Act, 1950 – Maintainability of Suit by Trustees – Trustees, as natural legal owners of trust property, are competent to sue for recovery of possession from trespassers without prior written consent of the Charity Commissioner – Section 50 is an enabli...