Civil Writ - Maternity Leave – Third Pregnancy – Second Wedlock – Interpretation of Rule 101(a) of Fundamental Rules – Petitioner, a staff nurse in Government Rajaji Hospital, Madurai, was denied maternity leave for her third pregnancy on the ground that she already had two surviving children from her first marriage—Held: Petitioner had not availed maternity leave for...
Advocates Act – Disciplinary Proceedings – Formation of "Reason to Believe" is Mandatory – Proceedings Quashed – Under Section 35(1) of the Advocates Act, 1961, a State Bar Council must form a "reason to believe" that an advocate is guilty of professional misconduct before referring a complaint to its Disciplinary Committee – Mere receipt of a comp...
Land Acquisition – Urgency Clause – Justification for invocation – Compliance with conditions – The petitioners challenged the acquisition proceedings on the ground that urgency was invoked without justification and without fulfilling the requirement of paying 80% compensation before taking possession – Held: Invocation of urgency clause was justified as the project a...
Suo Motu - Digital Arrest Scams – Modus Operandi – Psychological Manipulation and Technology Exploitation – Scammers posing as law enforcement officials deceive victims into believing they are under "digital arrest" for alleged crimes – Fraudsters employ psychological tactics like fear, urgency, and isolation while exploiting tools such as AI to mimic voices and c...
Civil Writ - Reservation in Advocates’ Association Elections – No Legal Mandate – High Court Lacks Power Under Article 226 – Petitioners sought 50% reservation for SC/ST and backward communities in the Bengaluru Advocates Association elections, citing Article 14 – Supreme Court in Fozia Rahman v. Bar Council of Delhi and SCBA v. B.D. Kaushik had invoked Article 142 to...
Service Law – Recruitment – Two-Child Norm – Relaxation for Widows – The petitioner's candidature for the post of School Lecturer was rejected due to having more than two children after 01.06.2002 – The petitioner contended that a disabled child should not be counted under the two-child norm as per the notification dated 28.02.2011 – The respondents argued t...
Taxation Law - Entry Tax – Constitutional validity of the West Bengal Tax on Entry of Goods into Local Areas Act, 2012– Single Judge’s Judgment Set Aside – The Single Judge, relying on overruled precedents, declared the Entry Tax Act, 2012 unconstitutional—The Supreme Court in Jindal Stainless Ltd. v. State of Haryana held that the compensatory tax theory was not a va...
Preventive Detention – Procedural Safeguards – Compliance with KAAPA – The petitioner, wife of the detenu, challenged the detention order issued under Section 3(1) of KAAPA on the ground that legible copies of relied-upon documents were not furnished to the detenu – The detaining authority argued that all documents were duly provided – The Court, upon verifying the or...
Service Law – Discrimination in Allowances – Parity with Police Personnel – Violation of Articles 14 and 16 of the Constitution – Writ Petition Allowed – Petitioners, Warders and Head Warders under the Home (Jail) Department, were initially granted Kit Maintenance Allowance and Ration Money Allowance under the 15th June 2017 notification, similar to police, fire, and ...
PIL - Tax Governance – Challenging modifications in the utility for e-filing income tax returns - Filing Utilities – Section 87A Rebate – Modifications to the e-filing utility restricted assessees from claiming a rebate under Section 87A of the Income-tax Act, 1961, during the assessment year 2024-25 – Petitioners argued that such restrictions violated Articles 265 and 300A...
