Service Law – Recruitment Process – Legitimate Expectation – The High Court of Delhi addressed the petitioner's claim for appointment as a 'Follower' in Border Security Force under the recruitment process initiated in 2008. The petitioner's selection process was completed, but the appointment was withheld due to subsequent changes in recruitment rules. [Paras 31, ...
Clandestine Removal of Goods – Allegations against Kuber Tobacco Products Pvt. Ltd. and others regarding evasion of central excise duty through the clandestine removal of Gutkha and Khaini – Absence of cogent evidence supporting the charges – Reliance primarily on retracted statements, loose sheets, and Hisaba books. [Paras 17-19, 21-22, 24-26, 28, 30, 32-33, 37-38, 40-41]
Evi...
Civil Procedure Code – Order VIII Rule 1A(3) – Application for Additional Documents – The High Court deliberated on the petitioner's application to introduce additional documents at a later stage of the trial. The Court examined the relevance and timing of the documents in the context of procedural fairness and the pursuit of substantial justice. [Para 2, 16-20]
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Civil Procedure – Grant of Opportunity to Lead Defence Evidence –Court reviewed the decision of the Trial Court granting an additional opportunity to the respondents to lead defence evidence in a civil suit involving property dispute. The case centered around the construction of an illegal wall and the obstruction it caused to the petitioners. [Para 1, 3-4, 9]
Opportunity ...
Civil Service – Service Law - Performance Appraisal Report – Timeliness and Authority Discretion – The Supreme Court considered whether the delay by the Accepting Authority in completing the Performance Appraisal Report (PAR) for an Indian Administrative Services (IAS) officer breached the All India Services (Performance Appraisal Report) Rules, 2007. The dispute involved the var...
Income Tax – Withholding Tax Certificate – Interpretation of Section 197 of the Income Tax Act, 1961 – The Delhi High Court examined whether the denial of a Nil withholding tax certificate to SFDC Ireland Limited by the Commissioner of Income Tax was justified. The petitioner, a resident of Ireland, argued that the payments received from SFDC India for the sale of standardized, n...
Tax Law – GST Registration Cancellation – legality of the cancellation of GST registration of M/S Maurya Industries. The main issues revolved around the application of Section 29 of the Central Goods and Services Tax Act, 2017, the procedural irregularities in issuing the show cause notice and order, and the retrospective effect of cancellation. [Para 1, 4-6, 12-14]
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Service Law - Misconduct of CISF Personnel – Disciplinary Action – Petitioner, a CISF Constable, faced disciplinary action for knocking on a female neighbor's door at night while her husband was absent, which was deemed misconduct and unbecoming of a government servant – Punishment included pay reduction for 3 years with no increments during this period – Petitioner'...
Judicial Inquiry and Defamation – Discretion of Court – The High Court of Karnataka dealt with a writ petition concerning allegations of judicial misconduct and subsequent media publication, questioning the appropriateness of disciplinary proceedings and media reportage. The court examined the legal and ethical obligations of judicial inquiry and media in reporting sensitive matters pe...
Civil Law – Land Allocation for School Construction – the legality of land allocation for constructing a school in a village in Azamgarh, previously demolished for a National Highway project. The Court examined the authority of the Land Management Committee and State in deciding land allocation. [Para 3-6, 11-12]
Public Interest Litigation – Misuse and Concealment of...