Writ of Mandamus – Selection as Para Teacher – Petitioner’s claim for appointment as additional para teacher in Geography at Chouhata Adarsha Vidyapith based on participation and alleged top performance in relevant selection interview – Controversy over notice details and gender-specific reservation for the post – Discrepancies in documentary evidence regarding interv...
Medical Treatment Entitlement – Writ of Mandamus sought for advance payment of 90% of estimated costs for a lung transplantation, cited non-response to petitioner’s requests as illegal and unconstitutional – Petitioner, a school teacher with significant accolades, diagnosed with severe lung disease, requires transplantation; cited two Office Memorandums promising financial aid fo...
Motor Vehicle Accident Compensation – The claimant, a mechanic, was injured due to the negligent driving of another mechanic without a heavy vehicle driving license – Claimant sustained multiple injuries and sought compensation of Rs. 20,00,000; awarded Rs. 3,40,000 by the Tribunal – The claim was contested on the grounds of alleged pre-existing conditions and delay in ...
Land Acquisition – Compensation – Assessment – Appeal Allowed – Matter Remanded for Fresh Decision – High Court of Himachal Pradesh at Shimla allowed the appeal against the award by the Additional District Judge, Mandi, H.P., in a land acquisition case. The appeal was filed on the grounds that the learned Reference Court ignored critical factors such as the nature of ...
Income Tax – Reassessment Notice Validity – Challenge against reassessment notice issued under Section 148 and subsequent order under Section 148A(d) – Notice based on transactions with Mr. Manoj Sethi, alleged to have unexplained cash deposits – Petitioner contends all transactions were through cheques and fully disclosed during original assessments – Court finds no ...
Patent Law – Pre-grant opposition – Appeal against High Court’s order not to entertain writ petition challenging the Controller’s rejection of pre-grant opposition on grounds of alternative remedy – Invention related to an artificial liquid cream for unsweetened cooking and whipping, claimed not novel due to prior art patent (D1) owned by appellant, which had expired ...
Income Tax – Reassessment under Section 148 – Examination of legality of notices issued under Sections 148A(b) and 148A(d), and Section 148 post-final assessment order – Initially, reassessment notice issued on 31 March 2021, followed by an assessment order on 31 March 2022 imposing additional income based on alleged penny stock transactions – Subsequent notices on 1 June 2...
Cancellation of Recruitment Process - Validity - Interpretation of Service Rules - Recruitment process initiated for 571 posts in State services in accordance with the Madhya Pradesh State Service Examination Rules, 2015 (‘the Rules of 2015’) - Amendment of Rule 4 of the Rules on 17.02.2020 and 20.12.2021 - Application of amended Rule to ongoing recruitment process - Subsequent litigat...
Property Dispute – Ownership and Encroachment – Appeal against First Appellate Court’s dismissal of suit – Trial court had decreed in favor of plaintiff, finding her the rightful owner in possession of the disputed property, an injunction was granted against encroachment claims by the defendants – Defendants contested, claiming encroachment on adjacent government prop...
Termination & Reinstatement – Industrial Dispute Act, 1947 – Petitioner challenges Tribunal award granting reinstatement and back wages to respondent workman who was denied duty post-medical leave – Tribunal found the termination in violation of Industrial Disputes Act provisions – Held, termination was unjust, reinstatement ordered with 25% back wages – Fact of w...