Income Tax Act, 1961—Sections 147, 144, 148, 142—Challenge to Assessment Order—Writ Petition vs. Alternative Remedy—Where the petitioner failed to adequately engage with the Assessing Officer, sought adjournment late in the limitation period, and submitted inconclusive medical evidence, the High Court should refrain from entertaining writ jurisdiction on disputed factual matters. The availability of an appeal provides an adequate remedy, making writ relief inappropriate. (Paras 6.10, 8.5, 8.9, 9) Constitution of India, 1950—Articles 226, 227—Exercise of Writ Jurisdiction—Principles of Natural Justice—Alleged denial of adjournment on grounds of bereavement and illness is not automatically a breach of natural justice where the petitioner’s own documents show fitness prior to knowledge...

Criminal Procedure Code, 1973 (CrPC)—Section 156(3)—Requirement of Supporting Affidavit with Complaint—Mandatory Nature—The Supreme Court in Priyanka Srivastava v. State of U.P. established that any complaint filed under Section 156(3) CrPC must be accompanied by a sworn affidavit of the complainant to ensure accountability and prevent frivolous or malicious criminal proceedings. This procedural safeguard is substantive and not merely formal—Non-compliance with this requirement vitiates the complaint and renders any subsequent magistrate’s order for registration of FIR void for lack of jurisdiction. (Paras 3, 7, 9, 10, 11) Criminal Procedure Code, 1973 (CrPC)—Section 156(3)—Curability of Defect—The Supreme Court in S.N. Vijayalakshmi & Ors. v. State of Karnataka reaffirmed Priya...

Criminal Procedure Code, 1973 (CrPC)—Section 482—Power of High Court to Quash Criminal Proceedings—The inherent jurisdiction under Section 482 must be exercised sparingly and with caution, primarily to prevent manifest injustice or abuse of the judicial process—The High Court is not to undertake detailed evidence appraisal at the stage of taking cognizance but should apply the prima facie case test—(Para 7) Criminal Procedure Code, 1973 (CrPC)—Section 482—Quashing of Charge Sheet—The High Court should exercise restraint before quashing a charge sheet post investigation and evidence collection, recognizing the importance of maintaining social order and public confidence in the criminal justice system. (Para 8) Indian Penal Code, 1860—Sections 498-A, 323, 325, 506, 34 and Dowry Pro...

Hindu Marriage Act, 1955—Section 24—Application for Maintenance—Amendment of Written Statement—Petitioner’s application under Section 24 of the Hindu Marriage Act has been heard and is posted for order—Petitioner sought direction to the trial Court to dispose of his application for amendment of the written statement—The Court granted liberty to the petitioner to approach it if aggrieved by the order under Section 24—The trial Court was requested to dispose of the amendment petition, if any, at the earliest—Writ petition disposed accordingly. (Para 2 & 3) ...

Code of Civil Procedure, 1908—Section 25—Transfer of Matrimonial Cases—Consideration of Convenience of Parties—Transfer Petitions filed by husband and wife—Petitioner-husband sought transfer of proceedings filed by wife, citing her residence and employment at Baripada—Wife denied current employment and claimed residence at Balasore, where she has initiated proceedings under Section 9 of the Hindu Marriage Act, 1955, Section 144 of the BNSS, 2023 for interim maintenance, and Section 12 of the Protection of Women from Domestic Violence Act, 2005—Court directed the Opposite Party-Wife to file affidavit confirming her current address and occupation with documentary proof—Matter adjourned to week commencing from 28th July, 2025—Liberty granted to Petitioner-husband to seek adjournment befor...

Code of Civil Procedure, 1908—Section 25—Transfer of Matrimonial Proceedings—Convenience of Parties—Avoidance of Multiplicity—Transfer of divorce petition from Phulbani to Cuttack—Petition filed by wife seeking transfer of C.P. No.37 of 2018 from Family Court, Phulbani to Family Court, Cuttack—Opposite Party-husband did not file written objection and currently resides at Bhubaneswar—Other related proceedings between parties, including petition under Section 9 of Hindu Marriage Act and DV Act case, already pending in Cuttack—Held, allowing transfer would ensure convenience for both parties and prevent multiplicity of proceedings—Family Court, Phulbani directed to transmit records to Family Court, Cuttack—Trial courts directed to try both connected matrimonial proceedings tog...

Criminal Procedure Code, 1973—Section 482—Hindu Marriage Act, 1955—Section 13(B)—Quashing of Criminal Proceedings—Matrimonial Dispute Settled—Mutual Divorce—Petitioner sought quashing of cognizance order and entire criminal proceedings under Section 482 Cr.P.C., arising from matrimonial discord, on grounds of amicable settlement and mutual divorce granted under Section 13(B) of the Hindu Marriage Act, 1955—The Family Court had granted mutual consent divorce vide decree dated 18.02.2025—The State opposed quashing, submitting criminal case to proceed independently—The Informant did not oppose quashing—Considering the mutual settlement and divorce decree, the Court held that continuation of criminal proceedings would amount to abuse of process of law—Accordingly, the Cou...

This writ petition, the Union of India challenged the order dated 16.11.2023 passed by the Central Administrative Tribunal (CAT), Cuttack Bench in O.A. No.230 of 2011, whereby the Tribunal directed refixation of pay of Rudra Narayan Mishra, a former Goods Guard who was selected through the General Departmental Competitive Examination (GDCE) and appointed as Deputy Station Superintendent—The Tribunal held that his pay must be re-fixed by including the 30% running allowance, as per rules prevailing prior to RBE No.132/2006, which had no retrospective application—The High Court noted that the Tribunal’s earlier dismissal had already been quashed on procedural grounds, and the same issue had been remanded for fresh adjudication—The Court found no merit in the Union’s claim that the GDCE was not promotional and th...

Criminal Procedure Code, 1973—Section 378(4)—Negotiable Instruments Act, 1881—Sections 138 & 139—Acquittal—Rebuttal of Presumption—Business Transaction—Leave to Appeal Denied—The petitioner filed an application under Section 378(4) CrPC seeking leave to appeal against the acquittal of the accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881—The complainant alleged that the cheque for ₹31,045 was issued by the accused to discharge a business liability—However, the appellate court reversed the trial court's conviction, finding that the presumption under Section 139 was rebutted through defence evidence—The complainant failed to produce documentary proof of the alleged debt or business transactions—The accused’s ple...

(A) Air Force Act, 1950, Section 92(i)—Maintenance to wife through Air Force Act—By executing decree passed under Sections 2(f), 12 of the Protection of Women from Domestic Violence Act, 2005—Petitioner's name is not entered as wife of Respondent in the service records—Another person's name is entered as wife of Respondent in the service records—Petitioner has failed to show that the opposite party Nos.1 to 3 are statutorily bound in terms of Section 91 of the Air Force Act, 1950, to deduct amounts awarded by Domestic Violence Act Court (contrast with Central Government or or any prescribed officer) towards maintenance and house rent to be paid by the opposite party No.4 to the petitioner, no writ of mandamus is liable to be issued. (Para 9.1) (B) Protection of Women from Domestic Vi...