Search Judgments

Constitution of India – Article 32 – This case involves a former member of the Armed Forces, who after being released due to a disability suffered during service, joined the Indian Revenue Service (IRS) and rose to the position of Commissioner of Income Tax. Despite being ranked first by a Search-cum-Selection Committee (SCSC) for the post of Member (Accountant), Income Tax Appellate Tribunal (ITAT), he was not appointed. This led to multiple rounds of litigation, vigilance proceedings, disciplinary actions, and compulsory retirement, all of which were eventually challenged by the petitioner. The petitioner alleged targeted departmental vendetta and mala fide actions by the respondents.

The Puducherry Technological University Act, 2019 Section 3, 14(5); The Constitution of India Article 254(2) –  The case involves appeals against a judgment by the Madras High Court which set aside the appointment of Dr. S. Mohan as the Vice-Chancellor of Puducherry Technological University (PTU). The High Court found that Section 14(5) of the Puducherry Technological University Act, 2019 (PTU Act), concerning the composition of the Search-cum-Selection Committee for the Vice-Chancellor’s appointment, was inconsistent with Regulation 7.3 of the University Grants Commission (UGC) Regulations, 2018.

Customs Act, 1962 – Section 28(1), 112(A), 114(A) – The case involves Plant Organics Limited (assessee), which was granted Advance Licences (DEEC) for importing antibiotic chemicals under Customs Notification No. 149/1995. The Directorate of Revenue Intelligence (DRI) initiated proceedings due to discrepancies in the imported raw materials. The Commissioner of Customs demanded approximately Rs.

Hindu Succession Act & Hindu Minority and Guardianship Act, 1956 Section 8 & Section 12 – This case involves a challenge to a Trial Court’s decision dismissing a suit for partition and a declaration that a sale deed executed by a guardian (father) of minor plaintiffs is void. The plaintiffs, grandchildren of the original property owner, claimed a 2/8th share, arguing the property was treated as a joint family asset despite being the grandfather’s self-acquired property. They alleged fraud in the sale deed registration, claiming undervaluation and non-payment of the full agreed consideration.

The defendant argued the property was the grandfather’s absolute property and the sale was valid, with the plaintiffs included as “eo-nominee” parties in the sale deed.

Industrial Disputes Act, 1947 – Section 11A – This writ petition challenges the award of the Industrial Tribunal-cum-Labour Court, Puducherry, which upheld the dismissal of the petitioner, an Anesthesia Technician, by the respondent management. The petitioner was accused of illegally collecting money from a patient’s relative for medicines. The Labour Court initially ruled that the domestic enquiry was fair and proper. The Court also mentioned that non-issue of a second show-cause notice and non-furnishing of the enquiry report did not vitiated the enquiry, and subsequently, upheld the dismissal.

Arbitration and Conciliation Act, 1996 – Section 34 – The petitioner challenged an arbitral award dated 26.02.2022 under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner had participated in a tender process and was awarded a contract by the respondents. Disputes arose regarding outstanding payments and the issuance of a work completion certificate, leading to the invocation of arbitration.

The petitioner raised a preliminary objection regarding the constitution of the Arbitral Tribunal, arguing that they never waived their right under Section 12(5) of the Act, which deals with the independence and impartiality of arbitrators.