Service Law – Regularization of Employees – University directed to regularize services of employees working for 15-30 years on contractual basis with consequential benefits – High Court’s direction modified to restrict actual benefits to three years prior to the filing of writ petitions – Employees entitled to notional benefits and continuity in service from the date ...
Income Tax – Reopening of Assessment – High Court's dismissal of writ petitions challenging reopening under Section 148 without giving reasons – Supreme Court emphasizes that courts must provide reasoned orders detailing facts, issues, submissions, applicable legal principles, and reasons for conclusions – [Paras 1-4].
Duty to Give Reasons – High Cour...
Income Tax – Re-opening of Assessment – High Court quashes notice for re-opening assessment due to lack of tangible material – Supreme Court finds that objective material existed justifying re-opening based on search proceedings, seized documents, and statements under Section 132(4) – Assessment originally accepted under Section 143(1) without scrutiny, thus not shielding f...
Excise Revenue – Interest on Arrears – Respondent granted license for retail sale of country liquor – Surrendered license and disputed balance fee – High Court stayed recovery of license fee – Respondent eventually paid balance without interest – Supreme Court held that interim stay does not quash the demand, but merely suspends it – Once proceedings are d...
Hindu Law – Karta’s Power to Alienate – A Karta may alienate joint family property for value either for legal necessity or for the benefit of the estate to bind the interests of all the undivided members of the family whether they are adults, minors, or widows – No specific grounds to prove legal necessity; it depends on the facts of each case – Karta’s discreti...
Election Petition – Non-submission of Form 25 – Appellant contested 2019 elections from 16 Hassan (General) Parliamentary Constituency, alleging respondent no.1 filed a false affidavit and secured election by suppressing material facts – Respondent no.1 sought dismissal for non-compliance with Section 83(1) proviso of the RP Act, requiring Form 25 affidavit – High Court dis...
Compassionate Appointment – Assessment of Family Pension – Appellant rejected respondent's application for compassionate appointment based on merit points, considering family pension of Rs 8265 per month – Tribunal and High Court directed reconsideration, stating pension would reduce to Rs 4959 after ten years – Supreme Court held pension on date of consideration is rel...
Consumer Law – Limitation for Filing Complaint – Respondent's registration for house allotment under General Registration Scheme, 1985, was cancelled in 2000 for non-payment of seed money – Respondent filed consumer complaint in 2011 after Housing Board's 2009 policy decision on restoration of cancelled registrations – Supreme Court held complaint time-barred under ...
Compassionate Appointment – Revision of Post – Respondent appointed as Record Clerk on compassionate grounds despite qualifications for Junior Assistant – High Court directed revision to Junior Assistant retrospectively – Supreme Court held respondent’s acceptance of Record Clerk post with undertaking precluded later challenge – Appointment revision contrary to ...
Medical Negligence – Professional Indemnity Insurance – Hospital conducted eye camp, resulting in multiple cases of eye infections and loss of vision – Hospital claimed indemnity under insurance policies obtained by doctors – NCDRC ruled insurance policies did not cover hospital’s liability – Supreme Court upheld NCDRC’s decision – Hospital not benef...