Land Acquisition – Suppression of Material Facts – Writ Dismissed - Petitioners alleged non-service of requisition notice and sought release of land acquired under the West Bengal Land (Requisition and Acquisition) Act, 1948 – Court found that the petitioners suppressed material facts, including prior writ petitions and orders passed in compliance – Held: Petitioners, havin...
Constitutional Law – Protection of Life and Liberty – Live-in Relationship – The petitioners, Harpreet Kaur and another, filed a writ petition under Article 226 of the Constitution of India seeking protection of their life and liberty, as they feared harm from relatives unhappy with their live-in relationship. The court acknowledged the petitioners' right to protection irresp...
Taxation Law - Goods and Services Tax – Maintainability of Writ Petition against Show Cause Notice – Limited Jurisdiction – A writ petition challenging a Show Cause Notice under Section 74 of the CGST/WBGST Act is not maintainable unless the notice is wholly without jurisdiction or ex-facie perverse. Procedural grievances, such as alleged non-consideration of replies, can be addr...
Co-operative Societies – Amendment of Rules – Petitioners challenged amendments made by the Registrar acting as an Administrator – Claimed amendments were illegal and contrary to the 1961 Act and 1963 Rules – Court found Registrar's actions to be a colourable exercise of power – Administrator cannot take policy decisions or amend rules unilaterally – Amendme...
Condonation of Delay – Jurisdiction of Appellate Authority – Petition filed under Article 226 challenging the Appellate Authority's refusal to condone delay in filing the appeal – Held, Limitation Act provisions not applicable to quasi-judicial authorities unless expressly provided – Appellate Authority correctly held it lacked jurisdiction to condone delay – Peti...
Administrative Law – Handover of Sites – Failure of Respondent Authorities to Provide Clear and Hindrance-Free Sites for Toll Booth Installation – Petitioner faced resistance from local authorities and public, impacting operations – Court directed recalculation of annual fees proportionately based on the actual number of operational toll booths – No coercive steps unt...
Addition of Parties – Order I, Rule 10 CPC – Petitioners contested the order of Munsif, Barh, rejecting the application to add parties as defendants in a title suit – High Court upheld the trial court’s discretion, emphasizing that such decisions aim to facilitate effective adjudication without causing undue delay or complications – Found no error in the trial court&r...
Narcotics Law – Freezing of Bank Accounts – Compliance with Statutory Procedure – The petitioner, a startup company, sought de-freezing of its bank accounts frozen by the NCB following a case against one of its directors for NDPS Act violations. The court found that the NCB did not comply with Section 68F of the NDPS Act, which mandates communication to and confirmation by the co...
Unfair Labour Practices – Temporary Appointments – Permanency – Industrial Court directed continuation of services and grant of permanency to employees appointed temporarily without a selection process – High Court found Industrial Court’s decision erroneous as it failed to consider the backdoor entry and temporary nature of appointments – Orders of Industrial C...
Public Interest Litigation (PIL) – Frivolous Petition – Multiple and Omnibus Prayers – Legal Basis Lacking – Abuse of Judicial Process – Exemplary Costs – The Bombay High Court dismissed a PIL filed by Crimeophobia, a criminology firm, through its founder, Snehil Dhall, for making multiple omnibus prayers without any legal or factual basis, constituting an abuse...