Regulatory Fees – Power to Legislate – Increase in Fees – Petitioner's grievance against 50% increase in fees for stamping and verification of weights and measures – Court held the Controller empowered to renew licenses as per Section 23(2) and Section 53 of the Legal Metrology Act, 2009 – Each State has the autonomy to frame its own rules – No violation of ...
Tender Process – Review of Technical Bids – Complaint Handling Protocol – Petitioner's technical bid rejected initially – Respondent's representation led to reevaluation and acceptance of their technical bid – Review based on proper protocol stipulated in DNIT – The court found the committee acted within its power under DNIT, and there was no procedural ...
Tax Legislation – Interpretation – Constitutionality – Petitioner challenged the upper limit of Rs. 5 Crore for disputed tax under Section 9(a)(i) of VSV Act as arbitrary and violative of Article 14 of the Constitution – Supreme Court precedents affirmed that tax laws should be strictly construed and the legislative domain should be respected – The Court held that fix...
Land Acquisition – Deemed Lapsing – Section 24(2) of 2013 Act – Possession and Compensation – Petitioner challenged the acquisition on grounds of non-payment of compensation and continued possession – Court held that possession was taken by the Estate Officer, HUDA on the date of the Award (12th May, 2006) – Compensation awarded lying with LAC and enhanced compe...
Writ Jurisdiction – Mandamus – Alternative Remedy – Availability of statutory remedy under SARFAESI Act – MSME seeking mandamus to the bank to consider case under CGSSD and to stay possession proceedings – High Court held that the petitioner unjustifiably bypassed the statutory remedy – Emphasis on the Supreme Court’s guidelines in Whirlpool Corporation ca...
Writ of Mandamus – Legal and Judicially Enforceable Right – Petitioner sought a writ of mandamus directing the authorities to relax the norms laid down by the Indian Roads Congress for setting up a fuel station – Held, a writ of mandamus can only be issued when the petitioner establishes a legal and judicially enforceable right and the respondents are under a legal duty to p...
Preferential Qualification – Weightage and Merit – Petitioner possessed essential qualification and a postgraduate degree in Criminology, which was a preferential qualification for the post of Deputy Superintendent Jails – Claimed he was not selected due to non-weightage for preferential qualification – Respondents argued preferential qualifications only come into play when...
Parole – Involvement in Other Cases – Threat to Public Order –
Petitioner’s application for parole denied due to involvement in other NDPS Act cases and apprehension of engaging in drug activities if released – Held, likelihood of committing a similar offense while on parole is not sufficient to establish an active and real threat to the security of the state or ma...
Public Interest Litigation – Maintainability – Personal Interest – Petitioner, claiming to be a social worker, challenged the appointment of a constable in the Indian Army, alleging fraud and submission of forged documents – Held, petitioner failed to disclose his credentials, motive, or interest in the case – No evidence showing how he obtained the documents or his p...
Lease Agreement – Return of Possession – Landlord’s Obligation – Tenant Bank offered possession after lease expiry – Landlord refused due to condition of premises – Court held landlord has no right to refuse possession for any reason after lease expiry – Delay in transfer caused by landlord’s refusal – Landlord not entitled to rent/arrears for ...