Mortgagee vs. Licensee Rights Dispute – Petition challenging the approval of sale of mortgaged property at a price below the reserve price set by DRT, treating a licensee as a secured creditor over the mortgagee. [Paras 2, 14-15, 32-34]
Procedural and Factual Background – Mortgage created by Karias in favor of ARCIL (Petitioner), license agreement between Karias and SCB. D...
Police Protection – Request for Personal Security – Denial –petitioners sought police protection alleging threat to their lives following a past incident of violence. The Court considered whether such continued police protection was justified. [Para 2-5, 17]
Threat Perception – Evaluation of Current Risk – The Court assessed the current threat perception ...
Family Law – Hindu Marriage Act – Dissolution of Marriage – Court examined whether a marriage under the Hindu Marriage Act can be dissolved through a compromise in proceedings under Section 125 Cr.P.C. The court considered the legitimacy of a second marriage and its impact on family pension rights. [Para 3-5, 9-11]
Marriage Dissolution Procedure – held – ...
Judicial Inquiry and Defamation – Discretion of Court – The High Court of Karnataka dealt with a writ petition concerning allegations of judicial misconduct and subsequent media publication, questioning the appropriateness of disciplinary proceedings and media reportage. The court examined the legal and ethical obligations of judicial inquiry and media in reporting sensitive matters pe...
Service Law – Recruitment Process – Legitimate Expectation – The High Court of Delhi addressed the petitioner's claim for appointment as a 'Follower' in Border Security Force under the recruitment process initiated in 2008. The petitioner's selection process was completed, but the appointment was withheld due to subsequent changes in recruitment rules. [Paras 31, ...
Tax Law – GST Registration Cancellation – legality of the cancellation of GST registration of M/S Maurya Industries. The main issues revolved around the application of Section 29 of the Central Goods and Services Tax Act, 2017, the procedural irregularities in issuing the show cause notice and order, and the retrospective effect of cancellation. [Para 1, 4-6, 12-14]
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Income Tax – Withholding Tax Certificate – Interpretation of Section 197 of the Income Tax Act, 1961 – The Delhi High Court examined whether the denial of a Nil withholding tax certificate to SFDC Ireland Limited by the Commissioner of Income Tax was justified. The petitioner, a resident of Ireland, argued that the payments received from SFDC India for the sale of standardized, n...
Writ - Constitutionality of Minimum Qualifying Marks in Viva Voce – Judicial Recruitment – Writ Petition challenging Bihar and Gujarat Rules prescribing minimum marks in viva voce for judicial posts – Held, prescribing minimum marks is permissible and does not violate fundamental rights or judicial precedents – Prescriptions aligned with ensuring meritocracy and efficiency ...
Urban Development and Slum Rehabilitation – Rights of Slum Dwellers vs. Right to Clean Drinking Water – The High Court addressed the conflict between the fundamental rights of slum dwellers to adequate housing and the right of citizens to clean drinking water. The slum dwellers of Akbar Nagar, residing on the banks of Kukrail water channel, challenged demolition orders by the Lucknow D...
FIR for Offences under IPC and Dowry Prohibition Act – Allegations of dowry demands, physical abuse, and mental cruelty by husband and in-laws – FIR lodged in Jabalpur, transferred to Bhopal for investigation, trial pending at Bhopal – Petitioner seeks transfer back to Jabalpur [Paras 1-2, 12].
Mental Cruelty and Jurisdiction – Continuation of mental cruelty in...