All Blogs

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

Supreme Court Set Aside Conviction Under Sections 120B and 411 IPC — Ordered Return of Seized Gold Bars to Appellant. Acquittal of Co-Accused Upheld — Failure to Prove Seized Gold Was Stolen Property — Reasonable Doubt Favored Accused...

Constitution of India (COI) — Article 21 — Right to Fair Trial — Burden of Proof on Prosecution — Chain of Circumstances Must Be Complete. Indian Penal Code, 1860 (IPC) — Section 120B — C...

© Image Copyrights Juris Services & Technology

Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion...

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative decisions affecting Fundamental Rights. (Para 19-...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashed Termination Notice Due to Unfair and Arbitrary Action...

Contract Law – Judicial Review – Public Law Element – Principles of Fairness and Reasonableness – Article 14 of the Constitution of India The Bombay High Court quashed the termination notice ...

© Image Copyrights Juris Services & Technology

Dispute Over Success-Based Fees for Financial Advisory Services. Interpretation of Mandate Letter and Discretion in Fee Payment for NPA Sales – Bombay High Court Decides in Favor of Defendant...

The Bombay High Court held that the Defendant had the discretion to choose between the two fee options (0.50% or 0.0749%) after the sale was completed, based on the nature of the sale consideration. T...

© Image Copyrights Juris Services & Technology

The Bombay High Court dismissed the writ petition challenging the Income Tax Appellate Tribunal’s (ITAT) refusal to condone a delay in filing a rectification application under Section 254(2) of the Income Tax Act, 1961, holding that the ITAT lacked jurisdiction to condone delays beyond the prescribed six-month period....

Limitation Period — Condonation of Delay — Section 254(2) of the Income Tax Act, 1961 — Jurisdiction of ITAT — Supreme Court’s COVID Limitation Order — No Power to Condon Delay Beyond Six ...

© Image Copyrights Juris Services & Technology

Aakarphod Patrak Not a Document of Title: Bombay High Court Dismisses Writ Petition Challenging Land Sub-Division Order. Court Holds Hissa Form No. 4 Does Not Confer Title; Upholds Minister’s Decision Declaring Aakarphod Patrak No. 12 of 1968 as Infructuous...

Aakarphod Patrak/Hissa Form No. 4 – The Bombay High Court held that Aakarphod Patrak or Hissa Form No. 4 (based on the Gunakar Book) does not constitute a document of title. The entries in ...

© Image Copyrights Juris Services & Technology

High Court of Bombay Dismissed Writ Petition Challenging Demolition of Unauthorised Construction — Held Illegality Cannot Be Cured. The High Court ruled that a petitioner cannot seek defense on grounds of illiteracy for unauthorized construction — Reaffirmed the settled principle of law that illegality remains incurable....

High Court found no evidence of ownership and held that illegality cannot be cured — Refused to grant any reliefs sought by the petitioner. Petition dismissed  Acts and Sections Discussed:...

© Image Copyrights Juris Services & Technology

High Court of Judicature at Bombay, Nagpur Bench Quashed Criminal Proceedings Against Nestle India Limited and Its Officials – Due to Non-Compliance of Mandatory Provisions Under Food Safety and Standards Act, 2006 (FSS Act)...

Referral Food Laboratory’s Lack of NABL Accreditation at the Time of Analysis Rendered the Report Invalid – Issuance of Summons Without Proper Order Held Impermissible The Hon’ble High Court qu...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashed Rejection of Junior Clerk’s Appointment Proposal and Imposed Costs on Management. Appointment Order Upheld Despite Procedural Irregularities — Court Directed Approval with Cost Penalty on Management...

The Court found procedural irregularities in the recruitment process but noted that the appointed candidate was not at fault. Held that the post of Junior Clerk was sanctioned and clear. Quashed the...

© Image Copyrights Juris Services & Technology

Jurisdictional Overreach by ITAT – Income Classification Dispute – Real Income Theory – Remand for Limited Adjudication...

ITAT’s Jurisdiction Under Section 254(2) of the Income Tax Act, 1961 – Set Aside for Exceeding Mandate – Remanded for Limited Adjudication The High Court held that the ITAT exceeded its jurisdi...