Service Law – Acquittal and Departmental Proceedings – Impact of Criminal Acquittal on Disciplinary Actions – Petitioners acquitted in criminal trial seek reinstatement with same rank and benefits – Petition dismissed – Petitioner seeking quashing of the charge-sheet and office order imposing penalties on the petitioners – Petitioners contended that their acquit...
Commercial Dispute – Recovery of Payments – Appeal against Commercial Court’s decree ordering appellant to pay ₹8,49,385 with 18% p.a. interest from the date of suit filing for goods supplied to appellant – Dispute involves recovery of payments for 2500 T-shirts supplied under invoice dated 30.06.2018 (Ex.PW-1/2A) – Appellant challenges correctness of transactions, ...
Civil Law – Local Investigation - Pre-emption rights – Challenge against order for local investigation to determine adjacency of properties for exercising preemption rights under Section 8 of the West Bengal Land Reforms Act, 1955 – High Court finds that local investigation should not substitute for evidence that must be provided by preemptor through documents and records like de...
Administrative Law – Pension and Gratuity Withheld – Resolution directed by the High Court to release funds along with interest following unjust withholding by municipal authorities despite clearances from multiple enquiry reports – Kunal Chandra Sen, a school headmaster accused of misappropriation but later cleared, struggled to receive pension and gratuity after retirement &nda...
Pre-emption Proceedings and Title Disputes – Rejection of an amendment to a pre-emption application that sought to introduce questions about the title and share entitlement over land sold – Original application filed under Section 8 of the West Bengal Land Reforms Act based on non-notification of sale to a co-sharer and a misstated sale price – Amendment aimed to challenge the ve...
Industrial Disputes Act, 1947 – Section 10(1)(c) – Reference to Labour Court – Principle of Res Judicata – Applicability – High Court examined the Labour Court's decision, which declined the petitioner’s reinstatement claim based on res judicata, as previous matters had been adjudicated by the Central Administrative Tribunal (CAT) and the Central Government ...
Income Tax Act, 1961 – Sections 132, 153A, 153C – Invalid Search and Seizure Proceedings – Quashing of Notices and Assessment Orders - Court examined the validity of search and seizure proceedings and subsequent assessment orders under the Income Tax Act, 1961 – Petitioner challenged the initiation of proceedings, search, and assessment order, asserting lack of authorizatio...
Constitutional Law - Article 226 - Writ of Certiorarified Mandamus - Nativity Certificate - Minor petitioner represented by his natural guardian applied for a Nativity Certificate to pursue higher studies in Tamil Nadu - Application rejected by the Zonal Deputy Tahsildar on grounds of non-residence and birth outside the state - High Court quashes the order and directs issuance of the Nativity Cert...
Taxation Law – Definition of Purchase Price under UPTTA, 1948 – Review Application filed by Commissioner of Trade Tax against the High Court's decision favoring Tata Steel Ltd. – Dispute over inclusion of MODVAT credit in the purchase price for trade tax purposes – High Court dismissed the review application, reiterating limited grounds for review under Order 47 Rule 1 ...
Contractual Disputes – Withholding of Payment – Dispute arose over withholding of Rs. 1,40,42,000/- payment due to allegations of data breach by the respondent – Appellant cited contractual provisions permitting withholding payment for default – Held, withholding payment pending investigation justified under terms of agreement [Paras 1-7, 10-11].
Writ Jurisdict...