GST Law - Detention of Goods – Writ Petition – Alleged tax evasion due to minor discrepancy in quantity of copper goods in transit – Invoice and e-way bill showed 10430.7 kg, actual weight 10520 kg – Discrepancy less than 1% – Tax already paid Rs.12,76,717.68 – Claimed evasion Rs.11,000 – Petitioner offered to pay additional tax and penalty – Court f...
Hindu Succession Act - Interpretation of Will – Regular Second Appeal – Will construction requires complete reading to understand testator’s intent – No explicit restriction in will on wife’s right to alienate property during her lifetime – Contingent provision for property succession after wife's death without intestate succession becomes redundant if wife ...
Family Law - Divorce on Grounds of Cruelty and Desertion – Appeal – Family Court dismissed husband's petition for nullity and divorce – Husband alleged cruelty and desertion – Court finds marriage irretrievably broken – Parties living separately for over 10 years – Continuous separation presumed as broken marriage – Appellant's petition under Secti...
Service Law - Cut-off Date for Eligibility - Appeals – Haryana Civil Service (Executive Branch) – Eligibility determined based on 01.11.2018 as cut-off date – Single Bench's interpretation extending cut-off date to 12.07.2019 found incorrect – Rule 9(1)(a)(iii) clearly specifies eligibility based on age and service requirements as of 01.11.2018 – Decision upheld, ...
Family Law - Divorce on Grounds of Cruelty – Appeal – Family Court granted divorce to the husband on grounds of cruelty – Wife appealed, challenging the admissibility of electronic evidence and findings of cruelty – High Court upheld Family Court's decision – Held, Family Courts have wide discretion under Section 14 of the Family Courts Act, 1984, to admit evidenc...
SARFAESI Act - Transfer of Property - Writ Petition for NOC – Property mortgaged to bank and sold under SARFAESI Act – Sale certificate issued and registered by Sub Registrar – Chandigarh Housing Board’s refusal to issue NOC and record the transfer held untenable – No statutory provision allowing refusal – Sale complete upon registration – Petition allowed...
Land Law - Ownership Dispute - Writ Petition under Article 226 - Petitioner sought to quash the orders dismissing his petition and statutory appeal under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. The petitioner claimed ownership and possession of Nazul land as a successor by will, whereas the Gram Panchayat asserted ownership per Jamabandi for the year 2004-2005. The Co...
Civil Law - Correction of Date of Birth in Educational Records - Regular Second Appeal against the concurrent findings of fact - Correction of date of birth in matriculation certificate - Held, a student's date of birth can be corrected if proven by valid evidence despite the absence of specific bye-laws allowing such correction - Appeal dismissed - In the present case, the student successfull...
Insurance Law - Repudiation of Claim - Pre-existing Illness - Writ Petition for Certiorari and Mandamus – Insurance company repudiated claims for two life insurance policies on grounds of suppression of material facts, specifically chronic diseases (diabetes mellitus and hypertension) of the insured – Insurance Ombudsman upheld the repudiation – High Court found no independent in...
Land Acquisition Law - Limitation for Reference – Appeal against dismissal on Limitation Grounds – Appeal challenging the dismissal of reference under Section 18 of the Land Acquisition Act due to limitation – Reference Court found the application filed after three years from the date of knowledge of the award when compensation was received – High Court held that the Refere...