Medical Unfitness in Recruitment - Hypertension and Varicose Vein - Petitioner declared medically unfit for the post of Constable (Animal Transport) in ITBP due to 'varicose vein both legs' and 'high blood pressure', later revised to 'hypertension with mild mitral regurgitation'. Petitioner contends wrongful rejection based on hypertension, a condition reportedly curable wi...
Eviction Petition - Bona fide requirement of landlord - Challenge by tenant under Section 14(1)(e) of the Delhi Rent Control Act - Tenant assails order dismissing application for leave to contest proceedings - Grounds raised by tenant include landlord's alleged abundant alternate accommodation, age, and health status - High Court examines legality of impugned order under proviso to Section 25B...
Civil Procedure – Jurisdiction of Civil Court under SARFAESI Act – Suit based on Memorandum of Understanding (MOU) for specific performance and damages – Jurisdiction of civil court not barred under Section 34 of SARFAESI Act – DRT or other tribunals not empowered to adjudicate rights arising from MOU – Civil Court's jurisdiction plenary unless expressly or implie...
Educational Admission – Cancellation due to invalid Non-Creamy Layer Certificate – Challenge under Article 226 – Petitioner’s admission to MBBS course at Respondent No. 4 college, based on Non-Creamy Layer Certificate, cancelled after enquiry revealed misrepresentation by Petitioner’s father regarding marital status and spouse’s income – Enquiry conducted ...
Interest on Compensation – Land Acquisition Act, 1894 – Examination of taxability of interest earned on compensation or enhanced compensation ordered under Land Acquisition Act, 1894 – Question of whether such interest falls under Income Tax Act, 1961 provisions [Paras 1, 18].
Income Tax Appellate Tribunal (ITAT) Decision – Reversed by High Court – ITAT deleted add...
Right to Education Act – Admission of EWS/DG Students – Interpretation and Application – Petitioners, EWS/DG category children, sought admission to pre-primary and nursery classes in private unaided school – School sought reduction in EWS/DG seats citing inability to fill general category seats – Delhi High Court held that school bound to admit petitioners based on co...
Corporate Law – Transfer of Winding-Up Proceedings – Application for transfer of winding-up petition to NCLT under Section 434(1)© of the Companies Act, 2013 – Official Liquidator had taken possession of the company’s registered office but had not invited any claims from creditors or workers – Supreme Court precedents (A. Navinchandra Steels, Kaledonia Jute...
Cooperative Societies – Test Audit Appointment – Quasi-Judicial vs. Administrative Orders – Revisions: The High Court examined whether the order appointing a special auditor under Section 81(3)© of the Maharashtra Cooperative Societies Act, 1960 was quasi-judicial or administrative, and whether such an order could be challenged under Section 154 of the said Act. The court he...
Writ Petition – Quashing of Contempt Petition Order – Delhi High Court – Petitioner challenges the order of the Central Administrative Tribunal (CAT) disposing of Contempt Petition No. 294/2017 in relation to the provisional inclusion of petitioner’s name in the Select List for IAS promotion – High Court examines the validity of CAT’s order and UPSC’s stan...
Quashing of Section 153C Notices – Writ Petitions challenging validity – Notices under Section 153C of the Income Tax Act, 1961 quashed for most petitioners - Held – Notices unsustainable when no incriminating material related to assessment years in question found during search - Section 153C empowers reopening of six assessment years immediately preceding year of search, subject...