Taxation Law - Income Tax Search and Seizure – Challenge to Warrant of Authorization under Section 132 – Search Held Illegal – Petitioners, senior citizen promoter-shareholders of India Pesticides Ltd., challenged the validity of search and seizure operations conducted under Section 132 of the Income Tax Act, 1961 and a notice under Section 131(1A) – Petitioners contended t...
Service Law – Abandonment of Service vs Termination – Reinstatement Order Set Aside – Bank employee overstayed ex-India leave and thereafter absented without explanation – Labour Court ordered reinstatement citing lack of enquiry – High Court held: conduct established abandonment of service, not termination – No enquiry required – Reinstatement order contr...
Civil Writ - Service Law – Police Discipline – Unauthorized Absence – Quantum of Punishment Reduced - Petitioner was absent for 24 hours and 20 minutes and faced departmental action – Initially dismissed, later penalty reduced to forfeiture of 10 increments with permanent effect – Held: Punishment disproportionate to misconduct – Absence not in context of hostil...
Civil Writ - Society Membership – Balija Community – Eligible Applicants Denied Consideration – Appeals Allowed - Petitioners seeking membership in a community society were denied consideration despite eligibility – District Registrar directed the society to consider requests, but the society failed to act – Held: Petition maintainable, registrar’s directive val...
Civil Law - Debts Recovery – Cross-Examination – Denial of Opportunity – Tribunal Order Set Aside – The petitioner, a partner of the 1st defendant firm, contested liability for crop loans claimed by the bank and sought to cross-examine the bank’s witness – DRT rejected the application citing delay and the non-necessity of oral evidence from a bank official relyi...
Civil Writ - Rehabilitation Policy – Eligibility of Minors – Cut-off Date Under 2015 Policy – Writ Petitions Dismissed - Petitioners were denied rehabilitation on the ground of being minors as on 01.01.2015 – Appellate Authority upheld ineligibility due to non-fulfillment of age and documentary criteria – Held: The 2015 Policy mandates that applicants must have attain...
Criminal Law – Challenge Illegal Arrest – Non-production Before Magistrate Within 24 Hours – Arrest Declared Illegal – The petitioner was detained at Delhi airport on 17.05.2025 at 17:30 hours and was produced before the magistrate only on 18.05.2025 at 22:45 hours – Court held this exceeds the statutory 24-hour limit under Section 58 of BNSS and violates Article 22(2...
Writ - Passport Issuance – Pending Criminal Trial – Right to Possess Passport Distinct from Right to Travel – Petition Allowed - Petitioner facing trial under Section 15 of the NDPS Act – Trial Court permitted him to apply for passport but not to travel abroad – Passport authority denied issuance citing absence of departure permission under Section 6(2)(f) of Passport...
Consumer Protection Act – Uniform Service Conditions – Judicial Directions Issued – Disparities in salary and allowances across different States for members and presidents of Consumer Commissions noted – Court invoked powers under Article 142 to ensure standardization – Directions issued aligning remuneration with judicial pay scales and protecting last drawn pay [Par...
Arbitration – Limitation – Date of Cause of Action – Arbitral Proceedings Held Timely – Appellant argued claim was time-barred from 2006 due to early land handover – Court held cause of action arose only in 2010 when State confirmed concession period's end date, and arbitral proceedings commenced in same year – Held: Claim within limitation [Paras 5-11].
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