Writ Petition – Appointment of Chairperson for Karnataka State Commission for Protection of Child Rights – Petitioner challenging the appointment of the 5th respondent and seeking annulment and fresh selection process – Court considering the validity of the appointment under statutory requirements. [Para 1, 7, 9]
Qualifications and Eligibility – Requirements un...
Contract Interpretation – GST Inclusion in Contracts – The petitioner, a successful bidder in tender processes, sought refund for GST payments arguing that the tax regime change post-GST introduction was beyond the contract's contemplation. The court, interpreting the contract, emphasized the necessity of a pragmatic approach, stating that the contract should be interpreted to give...
Qualifications for Appointment – Interpretation of 'Higher Qualification' – Case involving the eligibility of engineering degree and diploma holders for the post of Meter Reader/Spot Biller in KSEB – NTC in Electrician/Wireman/Electronics trade prescribed as qualification in notification – Engineering degrees/diplomas not presupposing acquisition of NTC, hence not t...
Probate of Will - Petition under Section 276 of the Indian Succession Act, 1925 - Grant of probate for Will dated 27.09.2012 of late Ms. Kanval Dhillon - Testatrix's Will contested by her sisters (Respondents 2 and 3) - Petitioners (executors) are close friends of the testatrix - Authenticity and validity of the Will challenged due to overwriting and cuttings. [Para 1-3]
Testament...
Income Tax – Reassessment proceedings under Section 148 – Challenge against issuance of notice for reassessment – Impugned notice based on ‘reason to believe’ that income had escaped assessment – Writ petition filed against proceedings. [Paras 1-6]
Income Tax Return – Filing and processing of return – Return for Assessment Year 2011-12 p...
Validity of Tax Assessment on a Social Club Under the Delhi Tax on Luxuries Act, 1996 – Challenge to the order by Delhi Gymkhana Club regarding tax assessment for FYs 2009-10, 2010-11, and 2011-12 under the Delhi Tax on Luxuries Act, 1996 – Club argued based on principles of mutuality and its status as a not-for-profit company under Section 25 of the Companies Act, 1956 – Held, t...
Education – Implementation of 6th and 7th Central Pay Commission (CPC) in Private Unaided and Minority Schools – Private unaided schools, including minority schools, directed to implement 6th and 7th CPC recommendations for staff salaries and benefits. Compliance with Section 10 of Delhi School Education Act, 1973 (DSE) mandated, ensuring salaries and benefits are on par with governmen...
Contempt of Court – Civil Contempt – Alleged disobedience of final order and decree in C.S. (Comm.) No. 182/2017 – Petitioner company seeking initiation of contempt proceedings against respondents for non-compliance with settlement agreement – Contempt not established due to financial constraints of respondents. [Para 1-17]
Lease Agreement – Non-payment o...
Railways Act, 1989 – Compensation Claim – Train Accident Death – Appeal against dismissal of compensation claim by Railway Claims Tribunal (RCT) – Deceased died in train accident, appellant sought compensation under Section 23 of the Railways Act, 1989. [Para 1]
Evidence and Witnesses – Credibility of witnesses in proving deceased was a bona fide train pa...
Arbitration and Conciliation Act, 1996 – Section 37(1) Appeal – Challenge against order passed by ADJ dismissing application under Section 34 of A&C Act – Appeal dismissed, affirming Sole Arbitrator’s award. [Para 1, 6, 25]
Arbitration Agreement – Enforcement and interpretation – Arbitrator’s jurisdiction encompassed disputes arising from ...