Legitimate Expectation – Gender Discrimination – Women officers in the Indian Air Force who were inducted as SSCOs between 1993 and 1998 – Appellants were not considered for PC despite initial policy assurances – Appeals challenged the exclusion from PC and sought pensionary benefits [Paras 1-33].
Policy Implementation – Supreme Court examined the policy ...
Execution of Decree – Dismissal for Default – Second Execution Petition – High Court held second execution petition not maintainable due to dismissal of first petition for default and lack of transfer under Section 39 CPC – Supreme Court overturned, stating mere dismissal for default does not preclude fresh execution petition if within limitation period – Second execu...
SARFAESI Act – Typographical Error – Auction Validity – High Court set aside e-auction sale due to a typographical error in the property description (Door No. 12-3-393 instead of 12-3-39) – Supreme Court held typographical error inconsequential as no prejudice was caused – Full property description with boundaries provided – Auction process upheld [Paras 13, 35-...
Electricity Tariff – Concessional Rates – Respondent industrial unit started commercial production on March 26, 1995, and sought concessional tariffs based on the Government Order (GO) dated February 6, 1992 – Dispute over whether the benefit period should start from the date of commercial production or the date of energisation – High Court initially ruled in favor of comme...
Tax Deduction at Source (TDS) – Commission and Brokerage – Supplementary Commission – Travel agents earning amounts over the Net Fare set by airlines – Section 194H of IT Act mandates TDS on such amounts if principal-agent relationship exists – Supplementary Commission to be included for TDS deduction [Paras 1-19].
Principal-Agent Relationship – Ana...
Constitutional Law - Transfer Policy - Right of Persons with Disabilities - Article 226, 227 - Section 20 of the Right of Persons with Disabilities Act, 2016 - Petition challenging transfer orders citing violations of transfer policy and improper jurisdiction of the respondent department - Petitioners argue discrimination against TGTs (Trained Graduate Teachers) in favor of Classical and Vernacula...
Seniority – Promotees vs. Direct Recruits – Promotees and direct recruits appointed in the same recruitment year (1997-1998) for the post of ACOs – Seniority list prepared by the State giving higher seniority to direct recruits challenged – High Court ruled in favor of promotees – Supreme Court upheld High Court's decision [Paras 1-28].
Application of...
Constitutional Law - Cinematograph Act - Civil Writ for Cancellation of Film Certification - Article 226, 19 - Sections 4, 5, 5-A, 5-B, 5-E of the Cinematograph Act, 1952 - Rules 32 and 33 of Cinematograph (Certification) Rules, 1983 - Petition to cancel film certification of Punjabi movie "Masand" alleging it promotes community hatred and offends Sikh sentiments - Petitioner claims movi...
Judicial Review - Infrastructure Projects - Expert Opinion - Construction of Highways - National Highways Authority of India (NHAI) - Feasibility Reports - Public Interest - Safety Concerns - Legal Right to Access
Judicial Review - Interference with Expert Opinion – Civil writ petition under Articles 226 and 227 challenging NHAI's decision not to construct an additional vehi...
Market Value Determination – Public Auction – Section 47A – The provision under Section 47A of the Act does not apply to properties sold through public auctions conducted under court supervision – Public auctions ensure transparency and reflect the true market value, thus the Registering Authority cannot reassess or dispute the market value determined through such auctions ...