Refund of Tax – Settlement Scheme – Adjustment of Refund – Petitioner claimed refund of Rs. 10,69,89,606/- for the year 2011-2012 which was adjusted against dues for the year 2010-2011 – Petitioner already paid the dues for 2010-2011 under the Settlement Scheme – Adjustment by Respondents made without authority – High Court ordered refund with interest [Paras 1-...
Land Encroachment – Possession Certificate Cancellation – Petitioners challenged the cancellation of their possession certificates for house sites granted by the government and the threat of demolition by state authorities – State respondents argued the certificates were invalid due to a prior civil court decree favoring a third party – High Court ruled cancellation without...
Corporate Law – Rights Issue and Allotment of Shares – Petition filed by shareholders alleging oppressive acts and mismanagement by the company’s management – NCLT's interim order dated 12.06.2024 restrained the company from proceeding with the rights issue and mandated maintaining the status quo of shareholding until the main petition is decided – Learned Single ...
Selection Criteria – Legality and Fairness – Petitioner, an Indian Dressage athlete, challenged the selection criteria for the Paris Olympic Games – Contended criteria favored Respondent No. 2 and relied on outdated performance metrics – Court examined adherence to FEI standards and principles of fairness and rationality – Found criteria balanced, reflecting both past...
Urban Development – Unauthorized Construction – Petitioners challenged provisional orders for demolition of buildings constructed on leased land – Claimed construction followed legal requirements and sought regularization – Court directed authorities to follow due process, consider petitioners’ explanations, and provide fair hearing – Emphasized demolition only ...
Registration Act – Section 68(2) – Superintendence Powers – Petitioner contested the cancellation of sale deeds by the District Registrar, asserting misuse of power without proper inquiry – High Court found the Registrar’s actions arbitrary and lacking legal foundation – Orders quashed [Paras 1-4, 6-9].
Registration Act – Section 77-A – ...
Promotion and Transfer – Conditions of Service – The petitioner company transferred the respondent from Mahape, Navi Mumbai, to Aurangabad on promotion. The respondent, alleging harassment and mala fide intentions behind the transfer, filed a complaint under the MRTU & PULP Act, seeking interim relief. The Industrial Court temporarily restrained the petitioners from implementing th...
Superannuation Pension – Effective Date of Pension – Retired employees of Bangiya Gramin Vikash Bank challenged the date from which they were granted superannuation pension – Petitioners argued for pension commencement from the next day of their retirement, citing anomalies in the pension regulations and Supreme Court rulings – Court found regulations binding, noted petitio...
Judicial Conduct – Misbehavior and Procedural Impropriety – Writ petition filed by Debt Recovery Tribunal Bar Association seeking inquiry into Presiding Officer’s conduct – Allegations of misbehavior, nepotism, and arbitrary orders – Previous petitions by private parties raised similar issues – Court directed a preliminary scrutiny by the Chairperson, DRAT &ndas...
Habeas Corpus – Custody of Minor – Allegations of Sexual Offences – Mother filed writ petition for the release of minor daughter from Child Welfare Committee’s custody – Child taken into custody following registration of criminal case against father for sexual offences – Petitioner claimed allegations were false and child’s detention was unlawful...