Civil Procedure – Condonation of Delay – Medical Grounds and Lack of Notice from Counsel – Petitioners sought condonation of delay, citing medical complications following knee surgery of petitioner No. 1 and lack of communication from counsel – Court noted medical records substantiating the health issues and lack of timely notification as valid reasons for delay – Hel...
Election Law – False Affidavits – Misjoinder of Parties – The petitioner sought to annul the election of respondent No.1 and other candidates on grounds of submitting false affidavits with discrepancies in income and asset details – The court found no discrepancies in the affidavits filed by respondents No.1 and 2, who are husband and wife – Further, respondent No.2 w...
Temporary Injunction – Prima Facie Title – Registered Gift Deed vs. Unregistered Will – Petitioners challenged the appellate court’s order granting a temporary injunction to the respondents (plaintiffs) based on a registered gift deed – Contention revolved around alleged fraudulent procurement of the gift deed – Lower appellate court ruled in favor of the respon...
Maintainability of Writ Petition – Public Element Absent – Petition Dismissed - The petitioner sought reinstatement following his termination by Webcon Consulting (India) Limited, asserting that the entity discharged public functions and fell under the ambit of "State" under Article 12. The Court, analyzing the shareholding structure and operations of Webcon, found ...
Taxation Law - Jurisdiction under Section 263 – Erroneous Order and Prejudice to Revenue – Valid Invocation by PCIT - The Revenue’s appeal under Section 263 contested an ITAT ruling that quashed an order by the PCIT, who had revised an AO’s decision accepting the land sale as tax-exempt based on agricultural classification – The court emphasized that an order is erron...
Amendment to the Constitution – Preamble – Article 368 – The Parliament's power under Article 368 to amend the Constitution extends to the Preamble, provided it does not violate the basic structure – Held: Amendments adding "socialist" and "secular" do not alter the Constitution's basic structure and are valid [Paras 2-5].
Constituti...
Metro Railway – Compensation for Damages – Loss of Rent – Petitioners sought compensation for unrealized rent from Syndicate Bank for ten years due to alleged damages caused to their building by Metro Railway construction – Held: No valid lease existed between Syndicate Bank and the petitioners – Petitioners failed to execute a registered lease deed, as required under...
Service Law - Promotion after Retirement – Rule 54(1)(a) of the West Bengal Service Rules – Financial Benefits Denied The respondent, who retired before receiving final approval for promotion, sought notional financial benefits for the higher post – Held: Rule 54(1)(a) precludes retrospective promotion or associated benefits unless duties of the post were assumed – The Cour...
Civil Writ - Caste Certificate Validation – Pre-constitutional Record Evaluation – Principle of Preponderance of Probabilities – Tokre Koli Scheduled Tribe Validated - The petitioner contested the caste scrutiny committee’s rejection of his ‘Tokre Koli’ certificate, asserting that entries in pre-constitutional records describing his ancestors as ‘Koli Dhor...
Order VII Rule 11 – Cause of Action and Limitation – Application Rejected – Petitioners contended that the plaint should be rejected as it lacked a cause of action and the suit was barred by limitation – Court observed that the plaint disclosed a cause of action, as it pleaded joint family properties and refusal of partition on 28/07/2022 – Held: Issues of limitation ...