Civil Writ - Unauthorized Construction – Conversion of Parking Space – Demolition Upheld – Sanctioned Plan Violated – The appellants contested the Bidhannagar Municipal Corporation's demolition order of a flat constructed on land designated as parking space in the sanctioned plan – The Court held that neither the West Bengal Municipal Corporation Act, 2006 nor the...
Arbitration – Contract Disputes – Payment for Construction Work – Appeal under Section 37 – Dispute over payment for clearing and grubbing (C&G) and earthwork in embankment below Original Ground Level (OGL) – Arbitral Tribunal awarded payment for embankment work below OGL – Held, payment justified as per contractual terms – Appeal against this issue di...
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...
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 &...
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...
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Land – Petitioner challenged rejection of land offered for retail outlet dealership under HPCL, citing reliance on outdated Census 2011 data for categorizing the area as a rural stretch – HPCL relied on NHAI guidelines mandating Census 2011 as the reference for pop...
Statutory Bail – Delay in Filing Final Report – Section 167(2) CrPC – Bail Granted – Petitioners were in custody for over 177 days, and the prosecution failed to file the final report within the stipulated 60 days as required under Section 167(2) CrPC. Despite the existence of criminal antecedents, the Court held that the petitioners are entitled to statutory bail. The cont...
Judicial Review of Speaker’s Inaction – Permissible Scope – Directions Issued Valid – Appellant contended that the High Court cannot direct the Speaker to decide disqualification petitions within a timeframe – Court held that inordinate delay in deciding disqualification petitions violates constitutional mandates – Judicial review under Article 226 is permissibl...
Service Law – Citizenship and Termination of Service – Delay in Verification – Principles of Natural Justice – Termination Held Arbitrary – Appellant served for 26 years before termination based on police report from 2010 – Tribunal quashed the termination for lack of personal hearing and detailed reasons – High Court erroneously restored the termination &...