Service Law – Appointment Validity – Retrospective Application of Rules – The petitioners were appointed as teachers and non-teaching staff before the enforcement of the 1978 and 1984 Rules, which mandated training qualifications and a prescribed selection procedure – The institution received temporary and permanent recognition in 1980 and 1984, and was included in the gran...
Election Law – Election Petition – Dismissal under Order VII Rule 11 CPC – Grounds for Election Petition – The respondent challenged the appellant's election on grounds of non-disclosure of assets and indulging in corrupt practices. The appellant sought dismissal of the petition for lacking cause of action, as it did not specify corrupt practices in detail. The High Cou...
Municipal Law – Development Control Regulations – TDR Entitlement – Retrospective Application of Amendments – The appellants surrendered lands and developed amenities like DP Roads, seeking additional TDR/FSI under the provisions of the MRTP Act and DCR. The High Court ruled in favor of the Municipal Corporation's stance that the amendment to Regulation 34 of DCR in 201...
Hindu Marriage Act, 1955 – Divorce Granted – Grounds of Cruelty and Desertion - The appellant alleged that the respondent-wife insisted on moving to her parental home and later deserted him without consent - The respondent claimed harassment and demand for dowry - The Court noted the absence of denial by the respondent that she left the matrimonial home and the omission to explain the ...
Constitutional Law – Citizenship – Cessation of Citizenship – The appellant was disqualified from the post of Mukhiya on the ground of having voluntarily acquired the citizenship of Nepal, resulting in the cessation of his Indian citizenship under Section 9 of the Citizenship Act, 1955 – The appellant contended that the State Election Commission lacked jurisdiction to decid...
Motor Vehicles – Standards of Visual Transmission of Light (VLT) – State Government Authority – The State Government and its officials were penalizing vehicle owners for using "Safety Glazing" materials that comply with Indian Standard IS.2553 (Part 2) (First Revision); 2019, alleging violations of the specified percentage of VLT – The amended Rule 100 of the Cent...
Income Tax Law – Reopening of Assessment – Sections 147 and 148 of the Income Tax Act, 1961 – Whether reopening based on "change of opinion" without new tangible material is valid – Held, reopening was invalid due to lack of new material. The Court referred to CIT v. Kelvinator of India Ltd., noting that mere change of opinion cannot justify reopening an assessmen...
Service Law - Civil Law – Reservation in Promotion – Cadre of Head Teachers – Petition filed challenging the benefit of reservation to scheduled caste candidates beyond their entitled quota in promotions to Head Teachers – Petitioners contended that 20% quota for reserved category candidates had been exhausted – High Court directed the State to ensure that reservation...
Motor Vehicles – Permit Variation Application – Rejection and Appeal – Reversal on Civil Revision Petition – Appellant filed for route extension beyond Lakshmi Mills – Application treated as new permit request under Section 80(3) of the Motor Vehicles Act – State Transport Appellate Tribunal upheld rejection – Civil Revision Petition filed under Article 22...
Consumer Law – Writ Petitions under Article 227 – Jurisdiction – Challenge to NCDRC Orders – Multiple writ petitions were filed in the High Court of Delhi challenging the orders of the National Consumer Disputes Redressal Commission (NCDRC) – Petitioners contended that the High Court of Delhi had jurisdiction as NCDRC is located in Delhi – Respondents argued tha...