Insurance Law – Ombudsman Award – Compliance with IRDA Guidelines – Jurisdiction – Petition challenging award dated 03 May 2021 issued by the Insurance Ombudsman directing the Oriental Insurance Company to pay ₹27,13,582/- to the claimant, Bharat Dedhia, under a health insurance policy – Allegations by the Insurance Company that the Ombudsman exceeded jurisdiction u...
Income Tax Law – Section 153C – Assessment Proceedings Initiated for a Non-Searched Person – Challenges Rejected - Jurisdiction – Validity of Notices under Section 153C – Extended Period of Ten Years – Petitioner challenged notices under Section 153C of the Income Tax Act, 1961, for the Assessment Years (AYs) 2009-10 to 2014-15 as being time-barred – Court...
Public Interest Litigation – School Bus Safety – Fatal Accident Involving School Bus – Several PILs filed post-accident seeking measures for student safety in school transportation – Guidelines for safe operation of school buses issued by the Court in the absence of State-specific regulations – Directions given for compliance by authorities until amendments are made t...
Writ Jurisdiction – Judicial Orders of Civil Courts – Article 226 – Non-Maintainability - The petitioners sought relief under Article 226 to quash an interlocutory order passed by the Sub-Judge-I, Danapur, in an execution case. The High Court held that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226 but can be challenged under Article 227 &...
Administrative Law – Adherence to Guidelines – Population Categorization – HPCL's Rejection of Offer Land – Petitioner challenged rejection of land offered for retail outlet dealership under HPCL, citing reliance on outdated Census 2011 data for categorizing the area as a rural stretch – HPCL relied on NHAI guidelines mandating Census 2011 as the reference for pop...
Civil Law – Accident Claim - Negligence in Driving – Proof of Rash and Negligent Driving – Compensation Awarded – The appellant argued that the accident occurred due to a blue cow crossing the road, which was beyond the driver’s control. However, the Court held that the bus was being driven rashly and negligently at high speed during nighttime, as corroborated by an e...
Service Law – Regularization of Service – Appointment on Casual Basis – Denial Upheld – Appellant appointed on a no-work-no-pay basis later absorbed in a regular pay scale as a temporary driver – Increment and allowances ceased in 2010 upon audit objections regarding irregular appointment – Court held: Appellant not appointed against a sanctioned post, no prior ...
Civil Law – Summary Suit – Leave to Defend – Denial – Appellants (husband and wife) challenged the dismissal of their application for leave to defend a summary suit under Order XXXVII CPC filed by the respondent for recovery of ₹7,77,500/- with interest – Trial Court denied leave to defend on the grounds that appellants admitted availing the loan, executing a loan a...
Service Law - Recruitment Policy – Prescribing Qualifications – Role of Employer – Judicial Restraint – The determination of eligibility criteria, including minimum qualifications for a post, lies exclusively within the domain of the employer. Courts cannot interfere with recruitment policies or expand the ambit of prescribed qualifications through judicial interpretation. ...
Service Law – Permanent Commission – Discrimination – Appellant, a Short Service Commissioned (SSC) officer in the Army Dental Corps, was denied a third chance for permanent commission due to amendments to age relaxation policies introduced in 2013 – Appellant sought parity with other officers granted permanent commission by Armed Forces Tribunal (AFT), Principal Bench, in ...