Banking Law – Priority of Secured Creditors – Sections 26E SARFAESI Act and 31B RDB Act – Mortgage created in 2011 by borrower in favour of petitioner bank – Subsequent attachment of same property by SDM, Jaunpur in 2015 for recovery of dues of Food and Civil Supply Department – Held: Illegal – Statutory charge of secured creditor has overriding effect – S...
Urban Development – Building Plan Sanction – Transferable Development Rights (TDR) – Retrospective Application of Setback Norms – Modified Plan Submitted in 2014 – BBMP Rejected on Grounds that it Violated Post-2017 Rules Capping Setback Relaxation at 25% – Single Judge Allowed Petition Citing Application Date as Relevant – Division Bench Held: Plan Must C...
Hindu Marriage – Void Marriage – Second Marriage during subsistence of first – Conversion and Re-conversion – Compromise and Quashing of FIR – Woman, originally Muslim, married Hindu petitioner by Hindu rites while first marriage subsisted – Later divorce decree obtained – Held: Marriage void ab initio under Section 11 HMA as contravening Section 5(i); abs...
Service Law – Recruitment – Eligibility Criteria – AICTE Regulations, 2019 – Application to Ongoing Process – Recruitment Notice Issued on 25.02.2020 Without Mention of AICTE Norms – Government Adopted 2019 Regulations Before Last Date of Application – Clause 1.4(g) Mandates Corrigendum Where Interviews Not Held – Held: Regulations Framed Under Statu...
Writ - Service Law - Disability Rights – Functional Requirements – Visually Impaired Candidates – Rejection of Appointment – Reasonable Accommodation – Posts identified as suitable for blind candidates under Section 33 of the RPWD Act – Petitioners (visually impaired) were selected through examination for post of Junior Executive (Law), Common Cadre and Finance ...
Writ Jurisdiction – Maintainability – Statutory Remedy – Writ petition under Article 226 filed against order of the Appellate Tribunal refusing waiver of pre-deposit of penalty – High Court dismissed petition for lack of territorial jurisdiction – Supreme Court held writ petition was not maintainable as statutory appeal under Section 35 of FEMA was available – H...
Constitutional Law – Tenth Schedule – Expelled Legislators – Deemed Membership – Writ petition challenges legal fiction created by Explanation (a) to Paragraph 2(1) of Tenth Schedule whereby expelled members are deemed to continue as members of their original political party – Petitioners argue this interpretation exposes expelled members to party whip despite cessati...
Constitutional Law – Removal of Governor – Doctrine of Pleasure – Scope of Article 156(1) – The Governor holds office at the pleasure of the President – However, this power is not absolute – Though no notice or reason is required for removal, the President’s decision must be based on valid and compelling reasons – Removal cannot be arbitrary, caprici...
Income Tax – TDS Credit – Non-reflection in Form 26AS – Refund entitlement – Petitioner, a cooperative society exempt under Section 80P, sought refund of TDS deducted for A.Y. 2009–10 to 2015–16 – Department refused refund citing mismatch with Form 26AS – Held: Once assessee furnishes Form 16A evidencing deduction, Assessing Officer must verify and g...
Constitutional Law – Government Servants – Freedom of Speech and Assembly – Rule 4-A of Bihar Government Servants’ Conduct Rules, 1956 prohibiting any demonstration or strike in connection with conditions of service – Held, government servants do not lose their fundamental rights under Part III merely by entering public service – Article 33 applies only to armed...