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...
Income Tax – Search and Seizure – Section 132 of the Income Tax Act – Petitioners challenged the legality of search and seizure actions – Alleged lack of proper authorization and absence of valid information – High Court held that the reasons for the search must be based on valid and reliable information – Satisfaction note found to lack proper foundation &ndash...