Appeal Against Tribunal Award – The New India Assurance Company Limited challenges the award of the Motor Accident Claims Tribunal, Karnal, regarding compensation for the death of Ajay in a road accident involving a motorcycle and a tractor [Para 1].
Factual Background – On 23.06.2020, Ajay and Parveen met with an accident caused by a tractor, resulting in Ajay’s dea...
Procedural Background & Facts – Multiple writ petitions filed by State Bank of India challenging the refusal of the District Magistrate, Ludhiana to assist in taking possession of secured assets under SARFAESI Act due to alleged procedural non-compliance by the Bank [Paras 1-17, 18-30].
Key Legal Issue – Whether the requirement to communicate the rejection of objections by the b...
Recruitment Process – Selection for Post of Constable – Alleged Irregularities – Petitioners successfully cleared written examination, Physical Efficiency Test (PET), Physical Measurement Test (PMT), and viva voce, yet appointment letters not issued – High Court examined the selection process and found procedural irregularities in rejecting candidates despite their qualific...
Protection of Life and Liberty in Live-in Relationships – Constitutional Writ Petition for directions to police for protection from threats by private individuals – Petitioners in non-marital cohabitation facing threats from a spouse of one petitioner – Precedents on protection in live-in relationships cited – Held, entitled to protection under Article 21, Constitution of I...
Challenge to Recruitment Process – Petitioners, non-Punjab residents, challenged the recruitment advertisement (Annexure P-1) for 1746 constable posts claiming discrimination as no reservation was provided for candidates from other states – Held, petitioners eligible to apply under general/unreserved category – No entitlement to specific reservation for non-state residents [Para ...
Civil Suit for Possession – Co-owner seeking possession of the property – Defendant claiming possession and raising preliminary objections – Learned Trial Court finding in favor of the plaintiff – First Appellate Court reversing the judgment based on the failure to specify structures constructed on the land and the principle of acquiescence – Appeal to High Court. [Pa...
Supervisory Jurisdiction – Invocation of Article 227 of the Constitution – Petitioner seeks quashing of lower court's order relating to a compromise decree – Matter comes under High Court's supervisory jurisdiction. [Para 1]
Estate and Succession – Petitioner alleges fraudulent compromise decree depriving her of the share in her father's estate &nda...
Writ Jurisdiction – Territorial Jurisdiction of High Court under Article 226 – Validity of forum selection clause – High Court of Calcutta holds jurisdiction despite forum selection clause specifying courts in Bhopal – Constitutional provisions under Article 226 cannot be contracted out – Part of cause of action arose within territorial jurisdiction of Calcutta High C...
Conviction and Sentence – Trial and Appellate Courts – Petitioner convicted under Sections 279 and 304A IPC by the trial court and sentenced to rigorous imprisonment for 2 years and 6 months for respective offences. Both sentences to run concurrently. Appeal against the judgment dismissed by the Additional Sessions Judge. [Para 1-2]
Revision Petition – Grounds for Ac...
Goods and Services Tax Act – Refund claim – Limitation period for filing refund application – Proper officer rejecting the petitioner's refund claim as barred by limitation – Petitioner assailing the rejection – Challenge to vires of Rule 90(3) of the CGST Rules and paragraph 12 of the impugned Circular – Nature of deficiencies noted – Whether applicat...