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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Translation of Vital Documents. Failure to Provide Marathi Translation of English Documents Violates Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution.

The petitioner, Vicky @ Munna Mahesh Shinde, challenged a preventive detention order dated 15 October 2019 passed by the District Magistrate, Ahmednag...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Employee Without Proper Domestic Inquiry — Violation of Natural Justice and Service Rules. The court held that dismissal without a proper domestic inquiry is invalid and directed reinstatement with back wages.

The case involves a writ petition filed by Mrs. Vatsala Premchand Sarmal, the petitioner, challenging the dismissal of the First Respondent, Mr. Raghu...

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High Court of Karnataka Allows Writ Appeal in Service Transfer Matter — Transfer Order Set Aside Due to Non-Compliance with Transfer Policy. Court Held That Transfer of Environmental Officer Without Following the Policy of Tenure and Without Considering Objections Was Unsustainable.

The appellant, Sri K. S. Sudhakara, was working as an Environmental Officer with the Karnataka State Pollution Control Board (KSPCB). He was transferr...

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Supreme Court Dismisses Revenue’s Appeal, Holding Compensation for Partial Termination of Agency is Capital Receipt. Termination of Agency for Territory Outside Hyderabad State Results in Sterilisation of Capital Asset, Not Taxable as Business Income Under Indian Income-tax Act, 1922.

The dispute arose from the income tax assessment of Messrs. Vazir Sultan & Sons, a registered firm, for the assessment year 1951-52. The firm was appo...

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Supreme Court Adjudicates Tax Treatment of Compensation for Partial Termination of Selling Agency under Income Tax Act, 1922. The Court considered whether the sum received by the assessee for termination of agency rights outside Hyderabad State constituted a capital receipt or revenue receipt.

Background: The case involved the income tax assessment of the respondent, a registered firm carrying on business as selling agents and distributors o...

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High Court of Bombay at Aurangabad Dismisses Army Gunner’s Challenge to Dismissal for False Enrolment Answer. Summary Court Martial Conviction for Wilful False Statement Under Section 44 of Army Act Not Interfered With in Limited Judicial Review.

The petitioner, a former Gunner Soldier, filed a writ petition challenging the order of Summary Court Martial dated 23 July 2001 and the subsequent di...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

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Bombay High Court Acquits Accused in Abetment to Suicide Case Due to Lack of Evidence of Instigation. Conviction under Section 306 IPC set aside as prosecution failed to prove that appellants abetted deceased's suicide, though cruelty under Section 498-A IPC was established.

The present appeal arises from the conviction of three appellants (husband, brother-in-law, and father-in-law of the deceased) by the Additional Sessi...