Criminal Writ Petition – Quashment of interception orders under the Indian Telegraph Act 1885 – Violation of right to privacy – Compliance with Article 19 and 21 of the Indian Constitution – Lack of sufficient reasoning and procedural safeguards. (Para 1)
Provisions of Section 5(2) of the Indian Telegraph Act – Requirement for occurrences of public emergency or int...
Taxation – Challenge against the lower deduction of tax certificate issued under Section 197 of the IT Act – Petitioner, a company in e-commerce retail, sought to challenge the certificate permitting the deduction of TDS at 0.5% instead of 0.01% requested – The court found the order to be non-speaking and mechanically issued, lacking proper reasoning – Impugned actions set ...
Goods and Services Tax – Classification of Polypropylene Woven and Non-Woven Bags – Challenge against Circular No. 80/54/2018-GST dated 31.12.2018 – Circular quashed due to lack of authority of Tax Research Unit to issue such clarifications under CGST Act. [Paras 1, 3, 4, 7, 23]
Judicial Authority – Power of Tax Research Unit under Central Goods & Services ...
Writ of Certiorari – Quashing Proceedings – Petition for issuance of Writ of Certiorari to quash proceedings of the first respondent in Na.Ka.No.3855/2016/Ka.4 dated 08.07.2016 – Challenge to order for recovery of compensation amount from Block Development Officers, including petitioner, for electrocution incident in 2005. [Para 1, 5]
Electrocution Incident and Legal Proceedin...
Civil Writ Petition – Unlawful Arrest and Detention – Challenge to legality of petitioner's arrest and subsequent remand by Enforcement Directorate under PMLA – Petitioner's arrest deemed illegal due to non-compliance with Section 19 of PMLA – Written grounds of arrest were not furnished as mandated – Subsequent remand orders also set aside – Directed re...
Habeas Corpus – Illegal Detention – Procedural Violations: Petitioner challenges detention order under Article 226, seeking release of detenue detained under A.P. Prevention of Dangerous Activities Act, 1986. Argues illegal detention due to non-inclusion of bail information. [Para 1, 5]
Detention Order Review – Bail Information Critical: Court emphasizes the necessit...
Customs Clearance - Import of "Lithium Ion Cell" - Challenge to detention and non-clearance of goods under specific bills of entries - Compliance with Bureau of Indian Standards (BIS) marking requirements - Violation of principles of natural justice - Issuance of show cause notice - Confiscation and penalty imposed - Customs Act, 1962, Section 124 - BIS Regulations, 2018 - Public Notices...
Promotional Exercise – Eligibility Criteria and Seniority – Challenging the communication for promotion to Deputy Conservator of Forests (DCF) based on eligibility without considering seniority – Eligibility criterion under Rule 5 of the 2015 Rules mandates five years of continuous service in the grade of OFS Group-A (JB) – Petitioners, senior in service but not meeting the...
Companies Act, 2013 – Non-Furnishing of Report Under Section 208: Petitioners contend non-receipt of report under Section 208 as grounds for stalling investigation – Court finds no legal right for petitioners to demand report at investigation stage – Appropriate stage for such contention is during criminal trial. [Paras 1, 27, 28]
Natural Justice and Procedure &ndash...
Passport Renewal – The petitioner seeks the renewal of his passport – Passport renewal denied due to pending criminal cases against the petitioner – Reliance placed on Gazette Notification No.G.S.R No.298(E) dated 14.04.1976 – Reference to prior judgments regarding passport renewal in similar cases – Interpretation of the applicability of the Gazette Notification &nda...