Search Results for "Article 19(1)"

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Bombay High Court Allows Writ Petitions Challenging Departmental Promotion Committee Recommendations in Postal Department Recruitment. Court Holds That Candidates Who Were Not Considered for Promotion Due to Non-Inclusion of Their Names in the Zone of Consideration Must Be Considered Afresh.

The petitioners, a group of 86 individuals employed in various capacities such as Postal Assistant, Sorting Assistant, Postman, and Mail Guard in the ...

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Supreme Court Upholds High Court Order Directing Confirmation of Auction Sale Under Punjab Package Deal Properties (Disposal) Act, 1976. High Court's Intervention Justified as Financial Commissioner's Order Based on Conjectures Without Material Evidence Under Rule 8 of the Rules 1976.

The appeal arose from a judgment of the Division Bench of the High Court of Punjab and Haryana at Chandigarh dated 13 August 2008, which set aside an ...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Child Rape and Murder Case. Judicial Confession and Last Seen Theory Upheld but Death Penalty Not Warranted as 'Rarest of Rare'.

The case involves the ghastly rape and murder of two children aged 10 and 7 years. On 29 October 2010, Mohanakrishnan picked up the children from outs...

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Supreme Court Upholds Vesting of Land in State for Violation of Scheduled Tribe Land Transfer Restrictions. Exchange of Land by Scheduled Tribe Member Without Prior Permission and in Disproportionate Value is Void Under U.P. Zamindari Abolition and Land Reforms Act, 1950.

The case involves an appeal by the Additional Commissioner, Revenue and others against the judgment of the Uttarakhand High Court which set aside orde...

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Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest.

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 2...

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Bombay High Court Quashes Show Cause Notice in Service Tax Case Due to Inordinate Delay and Lack of Jurisdiction. Refundable deposit received from SEZ developer not taxable as service, and 10-year delay in issuing SCN violates principles of natural justice.

The petitioner, Coventry Estates Pvt. Ltd. (formerly S and H Services Pvt. Ltd.), was engaged in construction of a residential complex in a Special Ec...

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Bombay High Court Quashes Show Cause Notice Due to 12-Year Delay in Adjudication — Principles of Timely Adjudication Under Service Tax Law. Inordinate delay and corporate restructuring rendered adjudication futile, leading to quashing of show cause notice under Article 226.

The petitioner, IDFC First Bank Ltd., filed a writ petition under Article 226 of the Constitution of India seeking quashing of a show cause notice dat...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reassessment Based on Change of Opinion on Deduction Under Section 10AA of Income Tax Act, 1961 is Invalid.

The petitioner, Oracle Financial Services Software Limited, is a company engaged in providing information technology solutions to banks and financial ...