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...
Writ - Maintainability of Writ Petition – Private Entities and Public Law Element – Writ Petition Not Maintainable - Petitioners contended maintainability of writ petition against private trusts performing public duties and receiving State regulation and funds – Held: Mere regulation by statute without financial, administrative or functional State control does not bring private e...
Service Law – Public Recruitment – Technical Defect in Caste Certificate – Candidature Wrongly Rejected – Petitioner’s Scheduled Caste certificate was found valid but rejected for lacking registration number and date – The certificate had been issued before the cut-off date and the petitioner qualified through all stages – Held: A technical defect in a val...