Promotional Exercise – Eligibility Criteria and Seniority – Challenging the communication for promotion to Deputy Conservator of Forests (DCF) based on eligibility without considering seniority – Eligibility criterion under Rule 5 of the 2015 Rules mandates five years of continuous service in the grade of OFS Group-A (JB) – Petitioners, senior in service but not meeting the...
Civil Procedure Code, 1908 – Section 9 – Injunction – Mandatory Injunction – Withholding of documents and exercise of lien – Consignor’s liability for payment of charges to port authorities – Locus standi of the plaintiff consignor – Demurrage charges – Absence of a general lien under Section 171 of the Indian Contract Act, 1872 – Inter-s...
Companies Act, 2013 – Non-Furnishing of Report Under Section 208: Petitioners contend non-receipt of report under Section 208 as grounds for stalling investigation – Court finds no legal right for petitioners to demand report at investigation stage – Appropriate stage for such contention is during criminal trial. [Paras 1, 27, 28]
Natural Justice and Procedure &ndash...
Income Tax Act, 1961 – Section 148 — Notice — Amalgamation of Companies — Legal principle — Approved scheme of amalgamation results in cessation of existence of amalgamating entity — Notices issued post amalgamation in the name of amalgamating company lack jurisdiction.
Maruti Suzuki India Ltd., Adani Wilmar Ltd., Inox Wind Energy Ltd. — Estab...
Contract Interpretation – GST Inclusion in Contracts – The petitioner, a successful bidder in tender processes, sought refund for GST payments arguing that the tax regime change post-GST introduction was beyond the contract's contemplation. The court, interpreting the contract, emphasized the necessity of a pragmatic approach, stating that the contract should be interpreted to give...
Appointment of Legal Consultant - Eligibility for Judicial Service - Interpretation of Rule 49 of the Bar Council of India Rules - Functionality Test - Nature of services performed by the legal consultant - Engagement on a contractual basis - Engagement to conduct court cases and appear in courts on behalf of the Central Government - Department of Legal Affairs issuing circular for engagement of l...
Amendment of Written Statement – Rejection by Trial Court – Defendants sought to amend their written statement to include new facts challenging the landlord-tenant relationship with the plaintiff, but the trial court rejected the amendment. The High Court upheld this decision, stating the amendment would change the nature of the defense and dispute previous admissions of the defendants...
Selection of Athletes for International Sporting Events - Scope of Judicial Review – Discretion of National Sports Federation – Exemption from Selection Trials – Wrestling Federation of India (WFI) exempted elite wrestlers (Respondents No.3 & No.4) from selection trials for the upcoming Asian Games to prevent injuries based on their performance in world wrestling events &ndas...
Contempt of Court – Matrimonial dispute - Violation of Settlement Agreement – Respondent retracts from settlement agreement due to dissatisfaction with financial settlement, claiming financial constraints – Respondent’s behavior constitutes abuse of legal process as she seeks a more lucrative financial settlement – Respondent’s admission of not intending to resu...
Election of Council Office Bearers – Procedural Irregularities Alleged – Petitioner, Dr. Kunal Saha, challenges the election process of the West Bengal Medical Council's President and Vice President, alleging procedural irregularities based on the Bengal Medical Act, 1914. Meeting and elections held on November 1, 2022, contested as being before the official Gazette notification da...