Service Law - Reservation in Promotion under Disabilities Act, 2016 – Interpretation of Section 34 – The petitioners, who are Junior Engineers with benchmark disabilities, contended their entitlement to reservation in promotions as per Section 34 of the Disabilities Act, 2016, arguing the 4% PwD quota should extend to Grade-II posts, including the post of Assistant Engineer (Civil) &nd...
Amendment of Statute – Retrospective Application of Ordinance – Ordinance of 2024 Amending No-Confidence Motion Rules – Appeal Dismissed - Retrospective Application of Statutory Amendment – No-Confidence Motion – Section 43A of the M.P. Municipalities Act – Prospective or Retrospective Operation of Amendment - The appellants argued that the amendment introduced ...
Partition Suit – Joint Family Property – Reversal of Lower Court’s Decree - The plaintiffs sought partition of the schedule properties, asserting them as joint family assets – The trial court dismissed the suit regarding items 4 and 8 due to insufficient evidence of joint family ownership – On appeal, the 1st appellate court reversed this finding, granting partition f...
Customs – Licensing Regulations – CHA License Revocation – The Customs Broker (respondent) filed a bill of export for clearance, allegedly aiding illegal exportation of subsidized contraceptives – Initial suspension and subsequent revocation of the CHA license by customs authorities under the Customs Brokers Licensing Regulations, 2013 [Paras 4-8].
Regulation C...
Negligence in Educational Institutes – Medical Facilities – Petition filed alleging negligence resulting in the death of a student due to inadequate medical facilities at Thakur Polytechnic College – Court acknowledges individual tragedy but emphasizes the broader issue of medical infrastructure in educational institutes – Directions issued to State authorities to ensure me...
Natural Justice – Penalty Imposed Without Consideration of Reply – Non-Speaking Order – The petitioner challenged the penalty imposed for illegal mining, contending that the order was a non-speaking one, passed without considering her detailed reply – Held: A quasi-judicial authority must pass reasoned orders, and failure to do so violates the principles of natural justice ...
Service Law – Disciplinary Proceedings – Dismissal from Service – Challenge to Orders – Petitioners challenged their dismissal from service and subsequent rejection of appeals and revision petitions – Allegations included involvement in theft, neglect of duty, and misconduct – Inquiry officer exonerated petitioners of most charges except for neglect of duty &nda...
IBBI Disciplinary Action – Suspension of Registration – Charges Against Petitioner – Multiple Allegations Including Influencing Valuers, Non-Refundable Fees, Appointment of Unregistered Valuers, Excess Fees to Related Entity – Disciplinary Committee Found Petitioner Guilty on Several Charges – Petitioner Contended No Violation of Regulations [Paras 1-14].
Non-Refun...
Income Tax – Reassessment – Writ petition challenging reassessment based on an admitted error in filing – Petitioner made a mistake in the tax declaration under the Voluntary Disclosure Scheme, which led to a reassessment notice – The mistake was flagged to the authorities, including the Principal Commissioner of Income Tax (PCIT), but the mistake was not corrected, and rea...
Criminal Procedure – Successor Judge’s Role Post Conviction – Appeal Dismissed – The appellant sought a re-hearing of his case on the question of conviction by the successor judge after the original judge who convicted him was transferred – Held: Once a judgment of conviction is pronounced, the Trial Court becomes functus officio regarding conviction under Section 235...