Public Trusts and Right to Information Act, 2005 – Application of RTI Act to Public Trusts –whether Public Trusts registered under the Maharashtra Public Trusts Act 1950, managing institutions receiving state grants, are obligated to provide information under the Right to Information Act, 2005. The court examined the legal status of such trusts in the context of the RTI Act, focusing o...
Income Tax – Exemption under Section 10B(8) – Assessee failed to furnish declaration before the due date of filing original return of income under Section 139(1) – Supreme Court held both conditions of furnishing declaration and doing so before due date are mandatory – Non-compliance bars exemption claim [Paras 1-14].
Filing of Declaration – Time Limit Ma...
Land Acquisition – "Person Interested" – MRPL as Allottee – Acquired land allotted to MRPL by KIADB – High Court erred in treating MRPL as a "person interested" entitled to participate in compensation determination – Proper party in reference proceedings only if acquisition is under Land Acquisition Act, not KIAD Act [Paras 6-7.1, 7.5-7.6].
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Service Law - Misconduct of CISF Personnel – Disciplinary Action – Petitioner, a CISF Constable, faced disciplinary action for knocking on a female neighbor's door at night while her husband was absent, which was deemed misconduct and unbecoming of a government servant – Punishment included pay reduction for 3 years with no increments during this period – Petitioner'...
Contempt of Court – Non-disclosure of Assets – Respondent guilty of contempt for failing to disclose assets and violating court orders restraining transfer of funds – Supreme Court holds actions contumacious and orders adequate punishment – Emphasizes need for compliance with court orders to maintain majesty of law [Paras 1-30].
Reversal of Transactions –...
Seniority List – Regularization of Ad Hoc Appointees:
The regularisation of ad hoc appointees as Lower Division Clerks (LDCs) in the Election Commission of India (ECI) was undertaken much before the appointment of direct recruits. The direct recruits, who were not even on the rolls of the ECI at the time of regularisation, cannot challenge the regularisation of ad hoc appointees as their ...
Penal Code 1860 (IPC) – Section 302/34 – Murder by Gunshot – Appellant convicted of murder – Recovery of the gun from co-accused, allegedly owned by the appellant – Prosecution failed to prove how the weapon came into the possession of the co-accused and who used it – Inadequate evidence and improper recovery process – Conviction and sentence set aside due...
Electricity Act, 2003 – Section 56(2) – Limitation period for recovery of electricity dues – Applicability – Demand for payment beyond the limitation period – Held, the limitation period of two years under Section 56(2) restricts the right of the licensee company to disconnect electricity supply due to non-payment of dues after the period of limitation has expired &nd...
Specific performance of agreement to sell - Defendants claimed agreement to sell was forged - Handwriting and fingerprint expert report not binding on court - Direct evidence of marginal witness and scribe proved execution of agreement - Discrepancy in payment details attributed to passage of time and human memory - Written contract acknowledged receipt of amount - Agreement executed on non-judici...
Accident Details – Involvement of Trailer Truck and Maruti Car – Alleged absence of tail lamps and brake lights on trailer truck – Accident occurred at night, deceased driver of the car could not notice the trailer stopping – Contributory negligence issue [Para 6, 8]
Tribunal's Finding on Negligence – Tribunal found negligence on part of both drivers ...