Commercial Suit – Right to File Written Statement – Application for Review – The appellant's right to file a written statement was closed by the Single Bench due to a delay beyond 120 days as mandated under Order VIII Rule 1 CPC (as amended by the Commercial Courts Act). The appellant argued that the suit was not initially treated as a commercial suit, and the 120-day period ...
Property Law – Unauthorized Occupation and Eviction – Petitioners’ predecessors were given land on a temporary lease in 1962 on humanitarian grounds after being evicted from Indraprastha Estate – No extension or renewal of lease since 1964 – Petitioners have no title documents – DDA’s consistent stand of possession since 1991 supported by historical record...
Easement by Grant – Right of Way – Extent of Pathway – Pathway described in the Will of the testator – Dispute over width and location of the pathway – Trial court limits the pathway width to 3 feet – First Appellate Court expands it to 6 feet – High Court finds lack of substantial evidence for both determinations – Concludes width of pathway to be 1...
Guardianship and Custody – Habeas Corpus Petition – Petitioner no. 2, mother of petitioner no. 1 (minor corpus), ousted from matrimonial home and corpus detained by grandmother – Father (respondent no. 4) abroad with no return date – Corpus produced before Court and interim custody granted to mother – Court asserts mother’s legal entitlement to custody under per...
Marriage Law – Cruelty and Divorce – Appeal by husband against Family Court's dismissal of divorce and decree for restitution of conjugal rights – Family Court found cruelty by wife proved but did not grant divorce due to failure to establish desertion – High Court held cruelty alone sufficient for divorce – Judgment dismissing divorce set aside and decree of divo...
Defamation – Social Media Posts – Plaintiff, a renowned journalist, alleged Defamation by Defendants via social media – Plaintiff sought injunction for removal of defamatory posts – Court directed Defendants to remove posts and make videos private within seven days [Paras 50-51].
Right to Reputation vs. Free Speech – Court acknowledged higher threshold fo...
Withholding of DCRG – Rule 3A of Part III KSR – Legality of withholding DCRG pending judicial proceedings – Tribunal found withholding DCRG illegal when no judicial proceedings were instituted – Quashment of vigilance case – Original petition challenging Tribunal’s order granting interest on withheld DCRG dismissed [Paras 1-17].
Right to Interest on...
Promotion and Transfer – Conditions of Service – The petitioner company transferred the respondent from Mahape, Navi Mumbai, to Aurangabad on promotion. The respondent, alleging harassment and mala fide intentions behind the transfer, filed a complaint under the MRTU & PULP Act, seeking interim relief. The Industrial Court temporarily restrained the petitioners from implementing th...
Income Tax – Transfer Pricing Adjustments – Royalty Payments – The ITAT deleted the TP adjustments of INR 1,99,57,161/- related to royalty payments made by Samsung India to its parent company – ITAT found that Samsung India operates as a full-fledged licensed manufacturer and not as a contract manufacturer – Royalty payments were made for technical know-how and expert...
Service Law – Withholding of Pension – Petitioner challenged orders dated August 19, 2019, and January 17, 2020, which imposed a penalty of withholding 10% monthly pension for a year and dismissed the appeal against the penalty respectively – High Court held that the penalty was justified due to petitioner's supervisory lapses and failure to report illegal sale of surplus cem...