Stamp Duty – Assessment of Market Value – Petitioner challenged the orders directing payment of deficient stamp duty on agricultural land purchased in 2011 – Contention that the land was being used for agricultural purposes and the authorities erred by not conducting a proper spot inspection – High Court held that the valuation was based on speculative assumptions without p...
Administrative Law – Reorganization – Trifurcation of DGS affecting ministerial staff – Tribunal's order directing remedy of lacunae without quashing reorganization – Petitioners required to devise a package for affected employees within three months – Petitioners to correct discrepancies practically and logically [Paras 1-60].
Equal Pay for Equal Wor...
Affiliation Withdrawal – Natural Justice – School’s Affiliation Withdrawn by CBSE – Surprise Inspection Revealed Violations – Petitioner Contested Withdrawal Citing Lack of Pre-Decisional Hearing – High Court Referred to Mount Columbus School Judgment Emphasizing Compliance with Principles of Natural Justice Including Audi Alteram Partem – CBSE’s Ord...
Property Law – Partition Suit – Appeal against lower court decree setting aside trial court’s dismissal of partition suit – Appellate court found no legal partition by mutual consent among parties, overturning trial court’s decision – Held that mere possession based on convenience cannot substitute a formal partition [Paras 1-22].
Mutual Partition &...
Municipal Employment – Regularization of Temporary Employee – Industrial Court directed the regularization of the respondent as a Tax Inspector – Petitioners challenged on grounds of lack of qualifications and procedural irregularities – High Court dismissed the petition, upheld regularization considering prolonged service and procedural compliance [Paras 1-31].
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Writ Petition & Subject Matter – Petition filed against the order by Commissioner, Revenue Division District Ujjain, which petitioners claim to be illegal under Section 10(5) and 10(6) of the Urban Land (Ceiling and Regulation) Act 1976 – Sought for quashment and other consequential reliefs. [Para 2]
Prior Proceedings & Remand – Initial writ petition allowed, influence...
Trade Regulation – Challenge to Import Prohibition – Fresh Fruit Flowers and Vegetables Traders Association, Delhi, challenges an import prohibition on cut flowers imposed by the Directorate General of Foreign Trade (DGFT) through an impugned notification – Allegation of discrimination and infringement of constitutional rights. [Para 1-3]
Background to the Dispute – Prev...
Civil Procedure Code (CPC) - Revision under Section 115 - Plaintiffs seeking withdrawal of the suit with liberty to institute a fresh suit after realizing that it had been instituted against deceased defendants - Trial Court rejecting the withdrawal application - Whether institution of the suit against deceased persons is a formal defect and whether Order 23 Rule 1(3) of the CPC is applicable - Th...
Criminal Revision Petition – Appeal against judgment of acquittal – State aggrieved by acquittal of the respondent/accused for offences under Sections 504, 324, 498A, and 506 of IPC – Grounds for challenging the acquittal presented – Jurisdictional issue regarding the maintainability of the appeal discussed – State’s appeal under Section 372 of Cr.P.C. held to b...
Matrimonial Petition – waive the cooling period - Request to set aside the order rejecting the application for waiving the cooling period in a divorce case under Section 13-B of the Hindu Marriage Act – Parties married with differences, seeking dissolution of marriage through mutual settlement – Compromise agreement in place – Principal Judge, Family Court refused to waive ...