Taxation Law - Insolvency and Bankruptcy Code – Extinguishment of Claims – Section 31 and Section 32A IBC – The appellant sought to extinguish excise duty demands not included in the resolution plan approved during Corporate Insolvency Resolution Process (CIRP) under IBC – Held: Following the resolution plan approved by the NCLT and in the absence of a claim filed by the re...
Civil Procedure – Interim Orders – Ex-Parte Status Quo – Order 39 Rules 1 & 2 CPC – The respondent Trust sought an injunction to maintain access for devotees to offer prayers at a temple located on the disputed property – The trial court granted an ex-parte status quo order allowing prayers at the temple, despite pending applications for interim relief – Hel...
Supervisory Jurisdiction – Scope under Article 227 – Evidence in Rebuttal – Petitioners sought to summon a Record Keeper as a witness under Order 16 Rule 1 & 2 CPC in rebuttal – Trial court rejected the application, citing the prolonged pendency of the suit and that the petitioners had already led rebuttal evidence – Held: Supervisory jurisdiction under Article 22...
Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Petitioners sought quashing of FIR on the grounds of false implication in a murder case due to land dispute – Allegation that petitioners administered poison to the deceased based on a dying declaration – Petitioners contended that the deceased had purchased the poison himself and arranged for his last rites...
Civil Writ - Interpretation of Section 142(1), Maharashtra Prohibition Act – Powers of Collector – The petitioners, liquor license holders, challenged the closure orders under Section 142(1) of the Maharashtra Prohibition Act, which mandated the closure of all liquor shops in the district on Dr. Babasaheb Ambedkar Jayanti – Held: The term "any place" in Section 142(1) m...
Writ - Unauthorized Construction – Demolition Ordered – Cantonments Act – Petition Dismissed – The petitioner constructed a building within a restricted "Red Zone" without prior permission. The Court rejected the plea for regularization of the construction, holding that the construction violated the rules of the Cantonments Act and the Works of Defence Act –...
Service Law - Payment of Gratuity – Delay in Payment – Interest on Gratuity – Appeal Dismissal – Petitioner, a retired Professor and Head of Anesthesia Department at Gujarat Cancer and Research Institute, sought interest at 10% on the delayed payment of Rs. 10,00,000 in gratuity for the period from 01.05.2018 to 31.08.2021 – Gratuity amount enhanced by amendment to Rs...
Education Law – MBBS Admissions – OCI Cardholders' Eligibility – Petitioner, an Overseas Citizen of India (OCI), sought admission under the category reserved for wards of gallantry award recipients – The petitioner was allocated an NRI quota seat but sought admission under the State quota – Held: The petitioner did not fulfil the eligibility requirements under the...
Civil Law - Judgment on Admission – Order XII Rule 6 CPC – Application Rejected – Plaintiff sought a judgment upon admission for ₹63,92,425.50 based on emails and account statements provided by the defendant – Held: The court found that there was no unequivocal admission of liability by the defendant – The defendant's email communications referred to reconciliat...
Service Law – Selection Process – Irregularities – Appellants challenged the selection process for Laboratory Attendants by PSEB, alleging non-transparent shortlisting and arbitrary criteria – The Single Judge set aside the selection, directing a fresh process with revised criteria, including the elimination of marks awarded for rural area residence – The Division Ben...