Statutory Remedy – Municipal Taxation - Challenge to Assessment Order – Availability of Statutory Appeal – Petitioner challenges assessment and demand orders related to the levy of Local Body Tax (LBT) – Court emphasizes the legislative scheme of the Maharashtra Municipal Corporations (MMC) Act and the availability of a statutory remedy through appeal under Section 406 of t...
Criminal Appeal – Anticipatory Bail – Denial of anticipatory bail and direction to surrender before the Court for regular bail – Appellant aggrieved by the High Court’s order – Peculiar nature of the impugned order warranted further consideration – Special leave granted. [Para 1]
Personal Liberty – Importance of personal liberty in the context of applyi...
Eviction Petition - Concealment of Vital Facts - Jurisdiction under Article 227 of the Constitution of India - The present revision petition challenges the order dated 04.08.2022 passed by the Civil Judge (Junior Division), Ferozepur, dismissing the objections filed by the petitioner and issuing warrants of possession in favor of the respondent-decree holder. [Para 1]
Importance of Fu...
Civil Writ Petition – Rejection of candidates in recruitment process – Parameters of Physical Standard Test (PST) – Chest measurement criteria for female candidates – Petitioners challenging rejection – Medical Board constituted to measure chest – Measurements provided for each petitioner – Petitioners failing to meet parameters – Court expressing co...
Eviction - Concealment of Facts - Revision Petition - Petitioner challenged eviction order citing non-ownership by respondent - Held, Petitioner concealed filing and withdrawal of SLP before Apex Court - Petitioner's unclean hands disentitled him from relief - Revision Petition dismissed with exemplary costs of Rs.1,00,000 for non-disclosure of material facts [Paras 12, 13].
Judic...
Criminal Law - Framing of Charge - Revision Petition - Challenge to order framing charge under Section 188 IPC - Petitioner accused of violating public order during Covid, granted permission by Assistant Agriculture Engineer for agricultural purposes - Held, Cognizance of offence under Section 188 IPC barred except on a written complaint by a public servant - FIR and subsequent charge framing inva...
Criminal Procedure - Supply of Documents - Petition under Section 482 CrPC to set aside Trial Court’s order refusing to provide documents not part of challan - FIR registered for offenses under Sections 376, 354, 354-A, 506, 120-B IPC - Petitioner sought documents including inquiry report and witness statements recorded by an investigating officer - Trial Court dismissed application, stating...
Income Tax Appeal - Exemption for charitable activities - Appellant's challenge to reliance on High Court judgment - Issue of applicability of judgment in a similar case - Whether activities of the respondent qualify for tax exemption - Court's consideration of the nature of activities conducted by statutory corporations - Emphasis on excluding activities serving public purposes from busin...
Civil Procedure – Execution of Money Decree – Interest on deposited amount – Obligation of judgment-debtor to give notice to the decree-holder about the deposit of the decretal amount – Interest ceases to run on deposit and notice, or on tendering the amount outside the Court – Notice required to inform the decree-holder that the decretal amount is available for withd...
Internet Piracy – Copyright Infringement – Plaintiffs filed suit against rogue websites involved in unauthorized streaming, reproduction, and distribution of copyrighted content. Court acknowledged the global issue of piracy and the need for dynamic injunctions to protect copyright owners. [Para 5-9, 15-19]
Dynamic Injunction – Court issued an ex-parte ad-interim dynamic injun...