Jurisdiction – Article 226 of the Constitution of India – Termination of LPG Distributorship – Petitioner seeks setting aside of order dated 30.06.2022 (Annexure P-5) whereby the Indian Oil Corporation Limited terminated the petitioner’s LPG Distributorship – Court to examine whether the termination was lawful and justified. (Para 1)
Background – Petitioner a...
Passport Act, 1967 – Section 6(2)(f) – Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 3, Section 14(5)(d) and (e), Section 15(2) – Proceedings before Juvenile Justice Board – Whether constitutes ‘Criminal Court’ – Petitioner falsely implicated in criminal case – Juvenile at the time of occurrence – Applied for re-i...
Passport Act, 1967 – Section 6(2)(f) – Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 3, Section 14(5)(d) and (e), Section 15(2) – Proceedings before Juvenile Justice Board – Whether constitutes ‘Criminal Court’ – Petitioner falsely implicated in criminal case – Juvenile at the time of occurrence – Applied for re-i...
Compensation awarded for erroneous examination result: In this Civil Writ Jurisdiction case, the Court granted compensation to petitioner no. 2 for the erroneous publication of her Secondary School Examination result, causing adverse effects on her career and future prospects. The Court held the Board liable for the inordinate delay in responding to the scrutiny request and condemned its irrespons...
Interim injunction - Application under Order XXXIX Rules 1 and 2 of CPC - Plaintiff seeking injunction against defendant's use of similar trademark - Plaintiff claiming prior adoption, registration, and extensive use of the mark - Defendant claiming honest and concurrent use - Analysis of passing off and infringement claims - Examination of Section 35 of the Trade Marks Act - Plaintiff's c...
Intra-Court Appeal – Delay Condonation – Sufficiency of Cause – Dismissal of Appeal – Interpretation of “Sufficient Cause” – Principles for Considering Delay Condonation – Importance of Bona Fide Motive – Application for Delay Condonation Not Merely a Formality – Excerpts from the Hon’ble Apex Court Judgments Emphasizing Rigour of L...
Promotion of government servant – Clearance regarding pending disciplinary proceedings required before confirmation – Failure to provide complete particulars of pending criminal case – “Sealed cover procedure” not followed – Fault of the respondents – Review DPC constituted to rectify the mistake – Petitioner entitled to ad-hoc promotion. [Para 32-50...
Service Law - Personnel - Adverse remarks in APAR - Justification based on unserved memos - Allegations of bias - Expungement of adverse remarks - Review DPC for promotion - Warning against biased actions - Compliance with natural justice - Judgment allowing the petition, directing expungement of adverse remarks, conducting a review DPC, and warning against biased actions. [Para 78-81]
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Stamp Duty – Proceedings under Section 47-A of the Indian Stamp Act, 1899 – Limitation period for initiating proceedings – Whether proceedings initiated after a period of more than 9 years from the execution of the sale deed are time-barred – Held, proceedings clearly barred by limitation as per Section 47-A(3) of the Indian Stamp Act, which provides a three-year limitation...
Probate – Grant of probate of registered Will – Validity and execution of Will – Petitioner filed a petition seeking probate of the registered Will executed by her deceased husband – Two sons of the deceased filed objections, one raised no objections – No objections from the public – Petitioner claimed that the deceased executed the Will with respect to all his ...