Dispute Resolution in Charitable Society Elections – Challenge against election process of Shikshan Prasarak Mandal's executive body – Appellants’ Change Report rejected due to alleged procedural flaws – Assistant Charity Commissioner, Joint Charity Commissioner, District Judge, and High Court involved in adjudication. [Paras 1-8, 31]
Doctrine of Necessity ...
Challenge to Order Declining Rejection of Plaint – The petitioner sought rejection of the plaint for recovery of Rs. 19,20,000 due to initial insufficiency of court-fee and alleged delay in making up the deficiency, contending the claim became time-barred – Original plaint filed with Rs. 50 court-fee, with a promise to pay the remaining Rs. 47,550 later – The trial court declined...
Writ Petition – Jurisdiction under Article 227 of the Constitution of India – Challenge against TDSAT Order allowing additional documents after conclusion of evidence – Consideration of procedural lapses versus substantive justice in light of principles of natural justice and TRAI Act provisions. [Para 1-5, 11-13]
Interconnection Agreement Dispute – Recovery of...
Civil Procedure – Amendment of Pleadings – Denial of Amendment in Written Statement – Petitioner's application under Order VI Rule 17 CPC for amendment of written statement dismissed by Trial Court – Challenged in High Court – Amendments proposed not found necessary for determining the real questions in controversy – Application dismissed due to lack of subs...
Matrimonial Law - Constitutional Law – Challenge to Section 5(v) of Hindu Marriage Act (HMA), 1955 – Petitioner's marriage declared null and void under Section 5(v) – Allegation of Section 5(v) being violative of Article 14 of the Constitution – Court finds no merit in challenge – Petitioner's inability to prove the existence of custom allowing marriage within...
GST Registration Cancellation – Challenge against retrospective cancellation – Petitioner contests order dated 07.10.2022 for cancellation of GST registration from 02.07.2017 and the Show Cause Notice dated 23.09.2022 – Registration cancellation without proper justification or notice for retrospective effect deemed inappropriate. [Para 1, 5-7]
GST Compliance – ...
Constitutional Law – Electoral Process – Appointment of Election Commissioners – The Supreme Court considered the constitutional validity of the process of appointment of Election Commissioners under Section 7(1) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, as challenged in multiple writ pe...
Common Issues in Two Petitions – Consolidated Order – Common Issue regarding the validity of the selection process for LPG distributorship – Facts primarily drawn from CWP-9511-2018. [Para 1]
Selection Process for LPG Distributorship – Advertisement and Guidelines – Indian Oil Corporation Ltd. (Corporation) Advertisement (2013) – Withdrawal and reissue of adv...
Land Tenure – Gair Marusi Status – Petitioners challenging eviction orders on the basis of being Gair Marusi over petition lands – Concurrent eviction verdicts from lower authorities against petitioners – High Court examined the status and rights of petitioners as tenants and the ownership of Gram Panchayat over disputed lands. [Paras 1-3, 5-6]
Legal Interpretation &ndas...
Specific Performance and Execution Proceedings – Rejection of Application to Deposit Balance Sale Consideration – Petitioner's challenge against the order of the Executing Court, which dismissed his application for depositing balance sale consideration in a specific performance case. [Paras 2, 5-6]
Closure of Execution Proceedings – Executing Court closed executi...