Civil Writ - Judicial Review – Answer Keys in Competitive Exams – Limited Interference Permissible – The Court reaffirmed the settled legal principles from Ran Vijay Singh and Shubham Pal cases, holding that Courts should exercise restraint and interfere only when answer keys are palpably and demonstrably wrong – Judicial review is not excluded entirely, but limited to rare...
Taxation Law - International Taxation – Transponder Services – Definition of “Royalty” under DTAA and Domestic Law – Matter Remanded – The appellant sought to contest the withholding tax obligation on payments to Intelsat Corporation for transponder services, arguing the payments did not amount to "royalty" under Article 12 of the India-USA DTAA &ndash...
Income Tax – Quashing of Notices under Section 133(6) and 148 of the Income Tax Act – Petitioner challenged the issuance of notices under Section 133(6) and Section 148 of the Income Tax Act for Assessment Year (AY) 2020-21 – Petitioner argued that the income in question (sales commission of ₹14,58,004/-) had already been disclosed in his original income tax return, and a reply...
Civil Writ – Service Law - Departmental Enquiry – Disproportionate Punishment – No Parity Violation – Dismissal Upheld – Respondent-doctor dismissed for drug misappropriation during a common enquiry – Tribunal had set aside dismissal citing discriminatory treatment vis-à-vis co-delinquents – High Court held doctors held higher responsibility than co...
PIL - Environmental Law - Forest De-notification – Illegal Corrigendum – FCA Non-Compliance – Notification Quashed – De-notification of protected forest land at Kanjurmarg challenged by petitioner NGO – Court held that use of Section 21 of General Clauses Act to bypass mandatory prior approval under Section 2(1) of the FCA was impermissible – Impugned notificati...
Waqf Law – Jurisdiction Over Waqf Property – Commission of Inquiry Lacks Authority – Writ Petitions Allowed – Petitioners challenged the Kerala Government’s order appointing a Commission of Inquiry under the Commissions of Inquiry Act, 1952, to investigate ownership claims over a property declared as waqf – Held: Waqf Board has exclusive jurisdiction to determin...
Civil Writ - Service Law - Retiral Benefits – Withholding Due to Pending Criminal Proceedings – Criminal Case Abated – No Disciplinary Action Initiated – Held Arbitrary - The deceased teacher was accused of misappropriating ₹4,00,000 but no disciplinary proceeding was initiated and the criminal case abated due to his death – Held: Retiral benefits cannot be withheld...
Civil Law - Will – Proof of Execution – Attestation Requirements – Will Upheld – Plaintiffs, daughters of Sadhu Singh, challenged a registered Will dated 17.11.1976 executed by Chanan Singh in favour of his nephews Kashmir Singh and Sukhdev Singh – Trial Court and Appellate Court discarded the Will on grounds of suspicious circumstances – Held: Defendants proved...
Civil Law - Plot Allotment – Cancellation without Notice – Restoration Sought – Trust Failed to Intimate Allotment – Allotment Cancelled by Blanket Order – Petitioner Not Notified – Held: Cancellation unjustified as petitioner was never informed and could not comply – Trust’s non-notification and subsequent cancellation were improper [Paras 3-6].
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Civil Writ - Digital Inclusion – Accessibility in Digital KYC – Petition Allowed in Part – Petitioners, including acid attack survivors and a blind individual, challenged the inaccessibility of digital KYC systems requiring blinking or facial recognition, which they could not comply with – Supreme Court emphasized the need for reasonable accommodations under the RPwD Act, a...