Taxation Law - GST – Exemption – Renting of Residential Dwelling – Entry 13 of Notification No. 9/2017 – Hostel accommodation – Held: Residential building leased to a company, which sub-leases rooms to students/working professionals for long-term stay (3–12 months), qualifies as ‘residential dwelling’ and is ‘used as residence’ – Ex...
Municipal Law – Unauthorized Construction – Cancellation of Building Permission – Petitioner challenged inaction by municipal authorities in taking steps against alleged illegal construction by private parties – Court found that authorities had issued notices under Sections 452 and 461 of APMC Act – Respondents claimed deviations were minor and compoundable – He...
Civil Law – Decree Based on Family Settlement – Validity – Decree dated 14.01.1983 allegedly obtained by appellants Satpal and Mohinder Singh against Sukh Ram on basis of family settlement – Courts below held Sukh Ram was not related to appellants and had not suffered decree – Fingerprint expert evidence showed thumb impressions on court record did not match Sukh Ram&...
Administrative Law – Illegality – Irrelevant Considerations – Memo requiring Assistant Registrar’s recommendation before granting stamp duty exemption under Section 9A – Held: Requirement is unnecessary, superfluous and disruptive of ease of transaction – Executive action based on irrelevant considerations is illegal and liable to be set aside [Paras 2–2.2...
Motor Accident Claim – Composite Negligence – Liability Apportionment – Tribunal held both taxi and lorry drivers equally negligent in causing the fatal accident – Based on testimony of co-passenger widow (P.W.1), vehicle damage reports (Ex.P6, Ex.R5), and site sketch (Ex.P5) – Court found no perversity in Tribunal's apportionment of 50:50 liability [Paras 12&ndas...
Civil Law - Contempt of Court – Compliance of Judicial Directions – High Court dismissed contempt petition on the ground that the order dated 17.01.2003 was ambiguous and open to two interpretations – Supreme Court held that the operative portion of the High Court’s 2003 order clearly directed the authorities to hand over possession of land and pay compensation to petitione...
Civil Law - Land Acquisition – Review – Maintainability of Review – Earlier SLPs filed by appellants dismissed for non-prosecution – Held: Dismissal of SLPs for default does not bar maintainability of review petition – Doctrine of merger does not apply to non-speaking dismissal orders – Review petitions held to be maintainable under Order XLVII Rule 1 CPC [Paras...
Service Law – Disability Reservation – Retrospective Promotion – Visually impaired petitioner working as Mali in Forest Department since 1998 – Became eligible for promotion to Forest Guard in 2003 and Forester in 2013 – Promotions granted only in 2007 and 2021 after relaxation of rules – Government issued instructions in 2023 granting retrospective application ...
Property Law – Agricultural Tenancy – New Tenure Land – Transfer without permission – Respondents (original plaintiffs) filed suit for possession of agricultural land after State dropped land acquisition proceedings – Appellant (original defendant society) took possession under MOU and claimed to have paid entire consideration – Courts below held land was new te...
Company Law – Challenge to Sale Transactions – Validity of Board Resolutions – Appellant disputed the execution of sale deeds in favour of 36 purchasers alleging lack of authority and fraudulent resolutions – Court found that the board resolutions dated 12.01.1996, 10.02.1996, and 27.11.1999 were validly passed – Appellant was signatory to key resolutions and raised n...