Administrative Law - Doctrine of Pleasure - Validity of Removal – Writ Petition challenging removal from the post of Chairman of the Karnataka State Minorities Commission – Petitioner contended removal was arbitrary, capricious, and without following principles of natural justice – Respondent argued removal was per the doctrine of pleasure as stated in Section 4 of the Karnataka ...
International Taxation – Taxability of Guarantee Charges – Indo-UK DTAA – Income Accruing in India – The appeal involves the issue of whether the guarantee charges received by the appellant, a UK-based company, from its Indian subsidiaries for providing parental corporate guarantees to foreign banks can be taxed in India. The appellant contended that since the source of the...
Jurisdiction - Coram Non-Judice - Caste Certificate Cancellation:
Proceedings before the Assistant Commissioner were deemed coram non-judice as he lacked the authority to review an order that was essentially an implementation of a superior officer’s directive. The Tahsildar's cancellation of the caste certificate was based on the Committee's decision, and the Assistant Comm...
Public Procurement – Cancellation of Tender – Judicial Review – Writ Petition challenging the cancellation of a tender for the procurement of Sandranol by Karnataka Soaps and Detergents Limited (KSDL) – Petitioner, Bannari Constructions, had emerged as the lowest bidder (L1) – Tender was cancelled due to alleged failure to submit a manufacturer’s authorization l...
Criminal Law – FIR Quashing – Sections 420, 120-B IPC – Alleged Evasion of Stamp Duty – Petitioners sold property recorded as residential land in revenue records – FIR alleged commercial land sold as residential to evade stamp duty – Petitioners contended liability to pay stamp duty rests on purchaser – Court found no misdescription by petitioners regardin...
Civil Procedure – Compensation for Land and Trees – Revision petition by Power Grid Corporation against the order of the District Court awarding enhanced compensation for trees cut and diminution in land value due to the drawing of high tension electric lines – Respondent’s property affected significantly, with trees cut and land rendered less valuable – District Cour...
Guardianship and Custody – Habeas Corpus Petition – Petitioner no. 2, mother of petitioner no. 1 (minor corpus), ousted from matrimonial home and corpus detained by grandmother – Father (respondent no. 4) abroad with no return date – Corpus produced before Court and interim custody granted to mother – Court asserts mother’s legal entitlement to custody under per...
Service Law – Trifurcation of Directorate General of Security (DGS) – Reorganization and Pay Parity – Petition challenging the Central Administrative Tribunal’s order directing resolution of service condition disparities among ministerial staff post-trifurcation – Tribunal’s directive to devise a package and rectify lacunae affirmed – Relief limited to add...
Civil Procedure - Indigent Person Status - Filing of Appeal - The appellant, injured in a motor accident, was awarded compensation by the Motor Accident Claims Tribunal but had not received the amount. The High Court dismissed her application to file an appeal as an indigent person based on the awarded compensation. The Supreme Court held that the actual receipt of the compensation amount is essen...
Rent Control – Eviction under Section 14(1)(e) of the Delhi Rent Control Act upheld – Challenge in High Court against eviction order passed by the Additional Rent Controller – Ownership and jural relationship of tenancy not disputed by tenants – Tenants failed to file written statement and cross-examine respondent – Court found no infirmity in the eviction order &ndas...