Promotion Eligibility – Kerala Water Authority Assistant Engineers – Determination of eligibility for further promotion based on entry quota (Degree or Diploma) for Assistant Engineers. Assessment of legal validity of Ext.P12 Final Seniority List including Diploma holders for further promotion. [Para 1-4, 13-14]
Kerala Public Health Engineering Service Rules – Analys...
Specific Performance Suit – Sale of Property – Appeal against trial court’s judgment declining specific performance and ordering return of advance sale consideration – Original suit involved an agreement (Ext.A1) for sale of property, with the plaintiff alleging defendant’s evasion of performance. [Para 2]
Readiness and Willingness to Perform – Key ...
Defamation Suit Against Media Publication – Allegations of Libel and Reckless Journalism – Plaintiff, a high-ranking civil servant, sues 'The Wire' & others for defamation over an article suggesting improper conduct in a land compensation case. Allegations include publishing defamatory content recklessly and without due diligence, causing damage to the plaintiff's reput...
Eviction Petition – Bonafide Requirement of Landlord – Eviction order passed under Section 14(1)(e) of the Delhi Rent Control Act, 1958 for Shop No. 1, Green Park, New Delhi – Landlord sought eviction for starting consultancy and boutique for his wife – Eviction upheld as bonafide requirement established. [Paras 1, 7-9, 42-44, 72]
Landlord and Tenant – Bo...
Petitioner’s Appointment and Subsequent Cancellation – Petitioner appointed as Patwari following advertisement dated 17.1.2020 – Appointment cancelled due to past criminal convictions revealed during police verification – Petitioner convicted in two cases under IPC sections 147, 149, 447, 323, 325 but given probation under the Probation of Offenders Act, 1958. [Para 1-2]
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Corporate Insolvency Resolution Process – Associate Decor Limited – Challenge to the minutes of the 22nd Committee of Creditors meeting for being non est and illegal – Petitioner contending inadequate notice period for Committee of Creditors’ meeting contrary to Section 24 of the Insolvency and Bankruptcy Code and Regulation 19 of the IBBI Regulations. [Paras 3, 7, 9, 13-15...
Input Tax Credit & Special Rebate under KVAT Act – Assessment Years 2009-10 to 2012-13 – Petitioners, rubber dealers, entitled to input tax credit and special rebate under Sections 11 and 12 of KVAT Act for tax paid on local rubber purchases. [Para 2]
Exemption Notifications and Inter-State Sales – Notification under Section 8(5) of CST Act exempting natural rubber from CS...
Administrative Law – Allotment of Petrol Pump – Petitioner's candidature for the allotment of petrol station canceled due to non-disclosure of 1 marla land abutting the road – Violation of terms and conditions of the brochure – Petitioner's contention that the land could be ignored for allotment – Respondent's insistence on compliance with brochure's c...
Registration of Rice Mill - Petitioner seeks setting aside of order rejecting its application for final registration of rice mill - Petitioner purchased mill in auction and applied for allotment of paddy - Respondent rejected registration on the ground of inadequate land size - Petitioner claims to have obtained additional land on lease - Court examines relevant policy and instructions. [Para 1-3]...
Jurisdiction of Adjudicating Authority – Limited Scope in Approval of Resolution Plan – NCLT's authority confined to whether the Resolution Plan fulfills Section 30(2) of the Code requirements – Inability to intervene in commercial decisions of the Committee of Creditors unless found capricious, arbitrary, irrational, or contravening the Code's provisions. [Para...