Desertion and irretrievable breakdown of marriage, sustained for over two decades, constitute mental cruelty: Allahabad High Court Dissolves 34-Year-Old Marriage Acquittal in Criminal Case Must Prompt Review of Dismissal: Telangana High Court There Must Be an Intention to Provoke or Drive the Victim to Commit Suicide: High Court Discharges Accused in Abetment of Suicide Case Plaintiffs' Claim of Private Ownership Over Public Road Fails: Balance of Convenience Favors Defendants, Rules Bombay High Court Suspicious Circumstances Must Be Resolved Even After Valid Execution of Will: Supreme Court Procedural Rules Cannot Obstruct Access to Justice: Litigants Should Not Suffer for Counsel's Negligence: Supreme Court Restores Suit Dismissed Ex-Parte Writ Jurisdiction Cannot Be Used to Reappreciate Evidence or Reverse Well-Founded Factual Findings: Supreme Court IBC | Corporate Guarantee Under Hypothecation Deeds Qualifies as Financial Debt: Supreme Court Beneficial Legislation Must Be Interpreted Purposively to Protect the Rights of Senior Citizens: Supreme Court Quashes Gift Deed Executed by Senior Citizen Attempt Must Go Beyond Preparation: Rajasthan High Court Alters Conviction in 33-Year-Old Case Punjab & Haryana High Court Directs Aided Institution to Pay Leave Encashment to Retired Employees Kerala High Court Allows Review Petitions in Custody Dispute, Recalls Earlier Judgment Granting Interim Custody to Father Copyright in Sound Recordings Must Be Protected: Delhi High Court in Interim Injunction Grounds of Arrest Must Be Served in Writing, But Remand Report Can Satisfy Constitutional Mandate: Andhra Pradesh High Court

"Writ Law" Digest

Education – Implementation of 6th and 7th Central Pay Commission (CPC) in Private Unaided and Minority Schools – Private unaided schools, including minority schools, directed to implement 6th and 7th CPC recommendations for staff salaries and benefits. Compliance with Section 10 of Delhi School Education Act, 1973 (DSE) mandated, ensuring salaries and benefits are on par with governmen...

Validity of Tax Assessment on a Social Club Under the Delhi Tax on Luxuries Act, 1996 – Challenge to the order by Delhi Gymkhana Club regarding tax assessment for FYs 2009-10, 2010-11, and 2011-12 under the Delhi Tax on Luxuries Act, 1996 – Club argued based on principles of mutuality and its status as a not-for-profit company under Section 25 of the Companies Act, 1956 – Held, t...

Income Tax – Reassessment proceedings under Section 148 – Challenge against issuance of notice for reassessment – Impugned notice based on ‘reason to believe’ that income had escaped assessment – Writ petition filed against proceedings. [Paras 1-6]   Income Tax Return – Filing and processing of return – Return for Assessment Year 2011-12 p...

Challenge to Tribunal’s Order – Petition against Central Administrative Tribunal's order directing review DPC for promotion of respondent No.4 retrospectively – Petitioners claim their seniority affected due to Tribunal's decision without their participation in the original application – Tribunal’s order based on Supreme Court’s interpretation of equival...

Civil Writ Petitions – Challenge to the notification issued by respondents splitting the post of Patwari into Junior and Senior Patwaris with different pay scales – Petitioners contending that the classification is arbitrary and violates Article 14 of the Constitution of India – Petitioners working as Patwaris under the Punjab Revenue Patwaris Class III Service Rules, 1966 &ndash...

Writ Petition – Challenge to communication and appointment order – Allegations of lack of transparency and illegality in the selection process – Petitioner claiming to be more meritorious than the appointed candidate – Enquiry conducted, and report submitted stating no record of dispatching appointment orders – Petitioner continuously corresponding for updates and wai...

Motor Vehicles Act, 1988 – Renewal of Driving License – Requirement of Competency Test – The Court deliberated on the legality of Ext.P9 Circular dated 15.10.2009 concerning the renewal of driving licenses under the Motor Vehicles Act, 1988. The petitioner challenged the requirement of undergoing a competency test for renewing a driving license that had expired more than a year a...

Majibullah Mohammad Haneef challenges his extradition to Oman on allegations of murder involving an Omani national and his family - Arrest under Section 34-B of the Extradition Act, 1962 - Formal extradition request from Oman - Inquiry by Additional Chief Metropolitan Magistrate, New Delhi - Magistrate concludes dual criminality principle satisfied, prima facie case against petitioner - Authentica...

Writ Petition – Quashing of Enforcement Case Information Report (ECIR) and Related Proceedings – Petitioner's plea for quashing of proceedings initiated through ECIR/09/HIU/2019 following compounding and quashing of predicate FIRs – Partly allowed, with continuation of ECIR based on a subsequent FIR. [Paras 1-3, 36-37]   Predicate Offences – Compounding and Q...

Taxation Law - Tax Demand – Setting Aside of Arbitrary Tax Demand: Petitioner challenged tax demand of Rs. 21,50,150/- for AY 2012-13 raised by respondent – Employer deducted tax but failed to deposit with revenue – Reliance on Section 205 of the Income Tax Act and pertinent judgments – Held, demand set aside as petitioner cannot be penalized for employer’s non-compli...