Selection Process and Bias – Relationship of candidates with selection committee members – Appointment of appellants as Shiksha Karmi Grade-III set aside due to close familial relationships with committee members, indicating reasonable likelihood of bias – Found not in compliance with Sections 40 and 100 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 [Paras ...
Jurisdiction - Central Goods and Services Tax Act, 2017 - Remittance for re-adjudication - Challenge to the order disposing of the Show Cause Notice proposing a demand against the petitioner - Allegation of non-receipt of notice due to retrospective cancellation of GST registration - High Court finds merit in petitioner's contention and sets aside the impugned order - Matter remitted to Proper...
Civil Procedure – Rejection of Plaint – Application under Order VII Rule 11 of CPC – Trial Court dismissed application to reject plaint filed by children of the donor challenging gift deed executed by their father – High Court holds that once the donor had withdrawn his suit challenging the gift deed, his children could not subsequently challenge the same deed – High ...
Injunction Suit - Boundary Wall Dispute and Litigation Tactics – Petitioners challenged the trial court’s refusal to direct the respondent to restore a boundary wall to its original height post unauthorized alterations during a pending suit – The respondent initially secured an ex parte interim order allowing repairs but not height alteration, violated this by raising the wall he...
Land Transaction & Dispute – Appellant’s acquisition of land through unregistered sale deed followed by regularization under Section 5-A of ROR Act – Subsequent cancellation of pattadar passbook and title deed by RDO and Joint Collector on appeal by the 5th respondent claiming forgery and fraud. [Para 3]
Jurisdictional Error in Appeal – Revenue Divisional Officer and...
Trustees' Compensation for Relinquishing Trusteeship - Amounts received by trustees of Carmel Educational Trust for relinquishing their trusteeship not considered capital receipts for tax purposes - These amounts treated as individual income and assessed under appropriate head - Trust deed does not authorize trustees to relinquish positions for consideration [Para 8].
Construction...
Quashing of Bye-Election Notification – Writ Petition – Challenging validity of Election Commission’s notification for bye-election in Karnal Assembly Constituency – Held: Notification valid – Court finds no infringement of Representation of People’s Act or the Constitution – Writ petition dismissed. [Paras 1-36]
Constitutionality of Bye-Elect...
Service Law - Promotion Dispute - Validity of Diploma - Writ Petition under Article 226 - Promotion to the post of Junior Engineer sought by petitioner based on Diploma in Civil Engineering obtained from 'Institute of Advanced Studies in Education Deemed University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan' - Respondents withheld promotion citing non-recognition of University for distan...
Specific Performance Suit - Court Fee Requirement - Dismissal of Application under Order VII Rule 11 CPC - Revision Petition under Article 227 of the Constitution - Challenge to the order directing the plaintiff to make good the deficiency in court fees - Plaintiff filed suit for specific performance of agreement/affidavit executed by defendant regarding property - Allegation that defendant agreed...
Declaration of Ownership - Validity of Sale Certificate - Challenge against Financial Commissioner's Order - Appellant's suit seeking declaration of ownership of land dismissed by lower courts - Appeal filed against concurrent findings - Plaintiff claimed ownership based on sale certificate dated 03.01.2005 - Allegations of illegalities in auction process and subsequent procedures - Financ...