Certiorari Jurisdiction - Principles governing the issuance of a writ of certiorari - Examination of the scope and limitations of this jurisdiction - Discussion on the circumstances under which a writ of certiorari can be granted - Emphasis on the high prerogative nature of the writ and the need for a clear case to warrant its issuance. [Para 1, Para 4]
Issue of Applicability of Superannuation ...
Income Tax Appeal – Assessment under Section 153A – Validity of initiating proceedings under Section 153A – Appellant challenges the order of the Income Tax Appellate Tribunal – Questions raised regarding the scope of assessment under Section 153A and applicability of CIT Vs Kabul Chawla and Dr. A.V. Sreekumar judgments – Appellant did not press question No. 2.1 &ndas...
Land Dispossession and Compensation – Unlawful Dispossession from Portion No. 2 – Petitioner, owner of land in Village Bharthal, unlawfully dispossessed by Delhi Development Authority (DDA) without acquisition for construction of road and footpath. DDA admits mistake and readiness to compensate as per new Act of 2013. Petitioner seeks alternate land allotment. [Paras 2, 3.1-3.4]
Pet...
Income Tax Act – Deduction under Section 80 IA – Market value of electricity – Distinction between market value and contracted price – Assessee’s right to claim higher deduction based on market value as against contracted sale rate to State Electricity Board – Tribunal and High Court’s view upheld. [Para 15-34]
Depreciation on Assets – Written Dow...
Insurance Law - Breach of Terms and Conditions - Writ Petition under Article 226 - The petitioner, Oriental Insurance Company, challenged the Permanent Lok Adalat's award granting 50% of the insurance claim to the claimant despite the vehicle being used for commercial purposes, which was a breach of the insurance policy terms. The Court held that compensation on a non-standard basis is applica...
Regulatory Jurisdiction – Application for review based on the discovery of new evidence – Letter dated 24.05.2011 indicating a ‘new and important piece of evidence’ – Alleged error apparent in previous judgment regarding the calculation of Hypothetical Regulatory Asset Base (HRAB) – Contention that HRAB should be computed on the basis of ‘single till&rsquo...
Service Law - Falsification of Date of Birth Allegation – Dismissal of Ram Lal, a constable, for allegedly altering his date of birth in educational documents – Charges under Sections 420, 467, 468, 471 IPC and departmental proceedings initiated. [Paras 2-4]
Departmental Enquiry and Criminal Trial – Inconsistencies in findings – Departmental enquiry proved charges, leadi...
Recovery Suit - Financial Dispute – Dispute over payment for diesel supplied by Respondent (fuel supplier) to Appellant (construction company) for a construction project – Appellants challenge the judgment and decree mandating them to pay Rs. 4,08,715/- with 12% interest per annum. [Para 1]
Evidence and Burden of Proof – Discrepancies in evidence presented by both parties &nda...
Jurisdictional Overreach of Lokayukta – Upa Lokayukta’s order for correction in revenue records and tax collection – Held as exceeding its jurisdiction under Section 12 of the 1999 Act, which only allows recommendations to remedy injustice or hardship, not issuing direct orders. [Paras 5, 7, 9-11, 13]
Revenue Record Correction – Original complaint by respondent No. 1 for...
Property Dispute - Challenge to Sale Deed - Suit filed by the appellant's predecessor-in-interest against the first sale deed registered in favor of another party - Allegations of minor's property being sold without court permission and for the minor's need and welfare - Trial Court decreed the suit, which was upheld by the first Appellate Court, but reversed by the High Court in Secon...