Civil Writ - PIL - Judicial Review – Public Contracts – Excessive Delegation Invalidated – Articles 13 and 14 of the Concession Agreement, allowing NOIDA Toll Bridge Company Ltd. to levy toll, were held invalid for violating public policy – Held: Power to levy fees or toll cannot be delegated to private entities as per the Uttar Pradesh Industrial Area Development Act, 1976...
Reassessment Action – Validity – Search Case – Petitioner Challenged Notice for AY 2013-14 Issued Post Search – Court Examined Timeframes Under Section 149(1) and 153C – First Proviso to Section 149(1) Requires Consideration of Pre-2021 Timelines – Reassessment Notice Held Beyond Limitation Period [Paras 1-13].
Block Period Computation – Section 153C &n...
Affiliation Fee – Discrepancy in Payment – Petitioner institute applied for annual affiliation for academic session 2024-25 – University’s online portal automatically generated fee details, showing a shortfall of Rs.60 – University demanded penalty equal to the amount of affiliation fee due to the shortfall – Petitioner argued automatic generation of details and...
Civil Procedure – Amendment of Plaint – Application under Order VI Rule 17 CPC – Amendment allowed to correct typographical errors and include additional facts – High Court considered amendments necessary for proper adjudication of the controversy – Amendments included correction of receipt date, addition of payment details, and challenge to a Sale Deed executed after...
Parole – Definition of Hardcore Prisoner – Rejection of Parole for Family Obligations – Petitioner convicted under Sections 148, 302, 307, and other provisions of IPC sought emergency parole for 10 weeks to attend his daughter’s marriage – Denial of parole citing petitioner’s involvement in criminal activities during prior paroles and categorization as a "h...
Article 227 – Supervisory Jurisdiction – Maintainability – Petitioner challenged the decision of the NCDRC upholding compensation for medical negligence – Preliminary objection on territorial jurisdiction of the High Court – High Court emphasized supervisory jurisdiction under Article 227 is limited to courts and tribunals within its territorial limits – Petitio...
Patents – Rejection of Patent Application – Appeal against rejection of patent application for method of preparation of Plasma-derived Hepatitis B Human Immunoglobulin Agent – Patent Controller’s order lacking discussion on prior arts and justifiable reasons – Remitted for fresh consideration [Paras 1-10].
Prior Arts – Lack of Discussion – Respondent fa...
Building Permits – Unauthorized Construction – Petitioners constructed a building on a parking area originally designated under a valid permit – Panchayat cancelled the permit upon discovering the misuse – Tribunal for Local Self Government Institutions ordered partial occupancy, which was contested – High Court held the construction illegal and upheld the Panchayat&r...
Limitation Period – Article 60 of Limitation Act – Suit filed by minors – Time limit for challenging deed executed by guardian: The court held that the suit filed by the plaintiffs, who were minors at the time of deed execution, must be within three years of attaining majority. Based on evidence, the plaintiffs failed to meet this requirement, rendering their claims barred by lim...
Trusts and Estates – Development Agreement – Originating Summons for Opinion – Plaintiff sought court’s opinion on executing a Development Agreement concerning Raghunath Chatterjee Street property for the benefit of deities – Agreement to include adult male descendants as confirming parties – Court affirmed benefit for deities and consent from family members &nd...