Contempt of Court – Alleged Violation of Court Orders – Demolition of Structures – The 1st respondent filed a contempt petition alleging that the appellants violated a court order by demolishing structures on his land without following due process – The learned Single Judge convicted the appellants under the Contempt of Courts Act, 1971, directing imprisonment and fines &nd...
Motor Vehicle Accident – Compensation – Assessment of Income – Future Prospects
The appellant, who sustained severe brain injuries resulting in 100% functional disability, challenged the High Court’s award of compensation – Held: The annual income of the appellant should have been enhanced considering salary progression, and future prospects were to be included &nd...
Insolvency and Bankruptcy Law – CIRP Deferral – Jurisdiction Under Article 226 – The appellant challenged the High Court’s order deferring the CIRP of KSK Mahanadi Power Company Limited after denying the respondents’ request for consolidation of CIRP with two other entities – Held: The High Court erred in deferring the CIRP despite refusing consolidation –...
Writ - Debarment – Financial Proposal Error – Correction Sought – Bidder’s Fault – Petitioners challenged the debarment order issued by NHAI, alleging that an error in calculating their financial proposal was made by the Tender Evaluation Committee – Held: Petitioners themselves had submitted the financial proposal of Rs. 4.76 crores, which was accepted as the l...
Land Acquisition – Section 5A of the Land Acquisition Act – Compliance with Procedure – Objections Dismissed – The respondents challenged the acquisition of their land, asserting that their objections under Section 5A were not duly considered and that similarly situated lands were exempted from acquisition – Held: The State Government complied with the mandatory proce...
Service Law - Confidential Reports (CRs) – Standard for Judicial Review – Assessment Validity – The petitioner, an Army Brigadier, challenged adverse CRs that impacted his nomination for the National Defence College (NDC) and promotion to Major General – Held: Judicial review of CRs is permissible where objectivity or procedural fairness is compromised; the Tribunal's f...
Tender Process – Deviation from Tender Terms – Arbitrary Selection – The petitioner challenged the award of a tender for loading and transportation of coal, arguing that the respondents deviated from the tender conditions in selecting the final L-1 bidder through a random algorithm under the GeM Portal's General Terms and Conditions, instead of following Clause 25.2(B) of the...
PIL - Public Purpose – Use of Reserved Land – Construction of Water Tanks and RCC Centers – Petitioners objected to the use of land reserved for public utility purposes, claiming the nature of the land cannot be altered without due process – Held: The construction is for the public interest and only a small portion of the land is used for water tanks or RCC Centers, which d...
Land Acquisition – Compensation – Section 23 of the Land Acquisition Act, 1894 – Enhanced Compensation Restored – The appellants challenged the High Court's reduction of compensation, asserting that their lands in Mewat had immense potential due to strategic location near infrastructure developments. The Reference Court had enhanced compensation based on relevant sale e...
Taxation Law - Transfer Pricing – Inclusion of Comparables – Functional Dissimilarity – Exclusion Ordered - The appeal raised the question of whether the Income Tax Appellate Tribunal (ITAT) erred in including TCS E-Serve International Ltd., TCS E-Serve Ltd., and Infosys BPO Ltd. as comparables for ALP determination – The Tribunal upheld the Transfer Pricing Officer's (...