Civil Writ - Provident Fund Dues – Director’s Liability for Recovery under Section 8B of the EPF Act – Petition Allowed – Petitioners sought to quash recovery proceedings initiated against them, including the issuance of a recovery certificate, show cause notice, and arrest warrants under Section 8B of the EPF Act, due to alleged non-payment of provident fund dues by the co...
Partition Suit – Will and Estoppel – Appeal Dismissed – The appellant (plaintiff) filed a suit seeking partition of the family property, contending that her brothers constructed buildings on the property without her consent – The Trial Court dismissed the suit, holding that the plaintiff had no share in the property as her father had executed a Will in 1997 bequeathing the ...
Commercial Law – Additional Documents in Commercial Suits – Petitioners sought to place additional documents on record which were allegedly in possession of previous counsel – Dismissal of the application by the Commercial Court upheld – Requirement for strict adherence to timelines and procedural rigour under Commercial Courts Act emphasized – Petitioners failed to e...
Professional Misconduct – Complaint Locus – Petitioner challenges the complaint filed by the judgment debtor alleging professional misconduct – The Court held that the complainant, being the judgment debtor and not the petitioner’s client, lacked the locus to file the complaint – Section 35 of the Advocates Act mandates that complaints of professional misconduct must ...
Family Law – Divorce – Grounds of Cruelty and Desertion – Appeal by husband challenging dismissal of his petition for divorce – Appellant alleged cruelty and desertion by wife due to her epilepsy, smoking, drinking, and alleged behavior – Family Court found no evidence supporting appellant’s claims – Appellant had not provided medical evidence of epilepsy ...
Tender Process – Evaluation of Technical Bid – Clause 21.5 of ITB – Petitioner’s bid declared L1 after a lottery draw – Bid subsequently cancelled due to alleged submission of a false tax invoice for a “Wet Mix Plant” – Clause 21.5 only applicable during technical evaluation, not after financial bid opening – Cancellation deemed arbitrary and w...
No-confidence Motion – Special Meeting – Appeal from interim order staying special meeting convened to consider no-confidence motion against Up-Pramukh – Appeal and writ petition disposed together – Up-Pramukh contended no valid grounds for no-confidence – Court directed special meeting to proceed on specified date [Paras 1-9].
Panchayat Raj – Sections 69(2),...
Civil Procedure – Impleadment of Third Party – Application Under Order 1 Rule 10 Denied - The petitioner sought to be added as a defendant, asserting interest based on a post-suit sale of property. The trial court denied this, citing lis pendens principles – Held: As per Section 52 of the Transfer of Property Act, the post-suit sale does not confer impleadment rights, rendering t...
Income Tax – Bogus Purchases – Disallowance of 10% – The appellant challenged the disallowance of 10% of purchases deemed bogus by the ITAT, despite the acceptance of sales as genuine by the Revenue – Held: The ITAT found no cogent or convincing evidence to support the Revenue's allegation that all purchases were bogus – The ITAT, however, upheld the CIT-A's d...
Environmental Law – Suo Motu - Public Trust Doctrine - Environmental Conservation - Rivers and Water Bodies as Public Resources – The Court underscored the doctrine of public trust, emphasizing that natural resources like rivers, lakes, and water bodies are held by the State in trusteeship for public use. It directed the State to prevent private encroachment and protect these resources...