Cooperative Societies – Test Audit Appointment – Quasi-Judicial vs. Administrative Orders – Revisions: The High Court examined whether the order appointing a special auditor under Section 81(3)© of the Maharashtra Cooperative Societies Act, 1960 was quasi-judicial or administrative, and whether such an order could be challenged under Section 154 of the said Act. The court he...
Writ Petition – Quashing of Contempt Petition Order – Delhi High Court – Petitioner challenges the order of the Central Administrative Tribunal (CAT) disposing of Contempt Petition No. 294/2017 in relation to the provisional inclusion of petitioner’s name in the Select List for IAS promotion – High Court examines the validity of CAT’s order and UPSC’s stan...
Criminal Law – Unlawful Detention and Bail - Illegal Detention – Detention beyond 24 hours without justification – Petitioner detained for 13 hours beyond statutory limit – Contradictory affidavits from respondents explaining delay – Justifications for delay found to be prima facie unconvincing and an afterthought – Court emphasized the importance of prompt prod...
Income Tax – Search and Seizure – Section 132 of the Income Tax Act – Petitioners challenged the legality of search and seizure actions – Alleged lack of proper authorization and absence of valid information – High Court held that the reasons for the search must be based on valid and reliable information – Satisfaction note found to lack proper foundation &ndash...
Civil Procedure – Rejection of Plaint – The petitioner challenged the Trial Court's decision under Order VII Rule 11 CPC, which dismissed the plaint for lack of jurisdiction, stating that the plaintiff had not provided documentary evidence of loan repayment and was thus barred under Section 34 of the SARFAESI Act – The Trial Court exceeded its jurisdiction by making observati...
Compassionate Appointment - Writ Petition - Denial of appointment as Junior Engineer (Civil) on compassionate grounds - Petitioners, wife, and son of deceased KSRTC employee, seek appointment for the son on compassionate grounds following the death of the father who was a senior driver in KSRTC - Petitioners contend that they are entitled to appointment as per the scheme existing at the time of th...
Medical Termination of Pregnancy – Right to Abortion – Psychological Health – Petitioner seeking to terminate a 25-week pregnancy citing grave psychological injury and social stigma – Medical Board’s report confirming the risk of psychological injury – Court’s recognition of the Petitioner’s right to reproductive autonomy and mental health considerat...
Administrative Law – Maternity Leave Entitlement – Interpretation of Maternity Leave Regulations – Challenge to rejection of maternity leave for having more than two surviving children – Whether the condition of having less than two surviving children at the time of application applies to children born before employment with respondent – Rejection based on Airports Au...
Procedural Violation in Show-Cause Notice – Appellant contested the show-cause notice issued by the WBGST Authorities on the grounds of procedural violations and denial of credit without verification from the supplier’s end – High Court found the show-cause notice and subsequent order denying Input Tax Credit (ITC) to the appellant as procedurally flawed and lacking jurisdiction&...
Criminal Procedure – Transfer of Investigation – Allegations of improper handling of a severe assault case – Petitioner’s son was attacked and sustained severe head injuries; initial charges under Section 307 IPC only; no charges under Section 326 IPC for grievous hurt by dangerous weapons – Justice Sengupta ordered the transfer of the case to the Anti Rowdy Section o...