Discrepancies in Examination Results – Petitioner alleged that the NTA uploaded two different response sheets and scorecards for her JEE (Mains) exam, with significant differences in scores – High Court examined the validity of the claim and the procedural integrity of NTA's system [Paras 1-2, 14].
Validity of Scorecards – Petitioner claimed the first response sheet and sc...
Landlord Definition – Interpretation – Under the U.P. Regulation of Urban Premises Tenancy Act, 2021, the term "landlord" includes a trustee or guardian receiving rent for premises on behalf of another person. The court concluded that Pradeep Kumar Gupta, as Secretary of Seth Girwar Lal Pyare Lal Shiksha Trust, fits within this definition, and the application under Section 10...
FTS under DTAA – Interpretation and Application - Income from advisory and consultancy services by IMG not meeting "make available" test under Article 13 – Tribunal erred in holding the income as FTS – Services rendered not transferring technology or knowledge enabling BCCI to apply independently [Paras 102-108].
Section 9(1)(vii) of the Income Tax Act &nda...
Conditional Attachment – Acceptance of Security – Appeal against Sub Court’s decision accepting security of immovable property for lifting conditional attachment – Property in question recorded as paddy land – Appellant's concern about insufficient value and legal issues with security offered – Sub Court’s order set aside due to unresolved issues about...
Applicability of ESI Act – Coverage of Establishments – Inspection conducted by ESIC revealed 29 employees in the appellant's establishment, thereby falling under the ESI Act provisions. Appellant failed to produce necessary attendance and wage records. The court emphasized that establishments employing 20 or more coverable employees were liable under the ESI Act even without using...
Property Law – Declaration of Title – Appeals arising from concurrent findings of lower courts favoring plaintiffs' claim over land ownership based on revenue records – Trial Court decreed suits in favor of plaintiffs, granting declaration and injunction – Appellate Court upheld findings – High Court scrutinizes reliance on revenue records as basis for title decla...
Administrative Law – Discretionary Power – Licensing Authority – Appellant challenged interim order permitting racing and betting activities by the Bengaluru Turf Club despite rejection of their license applications – Court held that licensing authority exercised proper discretion based on pending criminal cases against Club’s office bearers and allegations of illegal...
Motor Vehicle Accident – Claim for damages due to negligent driving – Appeal against Tribunal's dismissal of the claim petition – Vehicle damaged beyond repair from collision with another vehicle driven negligently – Compensation initially sought from the appellant's own insurance and then from the offending vehicle’s insurer – Tribunal dismissed claim a...
Civil Procedure – Rejection of Plaint – Cause of Action and Limitation:
Appeal against the trial court’s rejection of a suit for partition under Order VII Rule 11(a) and (d) CPC – Appellants contended the plaint disclosed cause of action and was within limitation – Trial court had dismissed the suit citing absence of cause of action and barred by limitation due to ...
Constitutional Law – Writ of Mandamus – Petition under Articles 226 and 227 of the Constitution of India seeking a Writ of Mandamus to direct the Chief Electoral Officer and the Regional Commissioner to consider the petitioner's representation for implementing free bus services for voters and increasing the number of polling booths – Respondents opposed the petition stating s...