Freedom Fighters’ Pension – Date from which payable – Appeals Allowed in Part – High Court granted pension from date of application relying on Mukundlal Bhandari – Supreme Court held that under the M.P. Rules, 1972, in view of Rule 3(6) (inserted with effect from commencement of the Rules), pension is payable from the date of sanction order – Mukundlal Bhandari ...
Taxation Law - Telecommunication Rentals – U.P. Trade Tax – DoT as Dealer – Appeals Allowed – DoT challenged assessment of trade tax on telephone rentals contending it was providing a service and not transferring right to use goods – High Court accepted that view – Supreme Court held: DoT is a “dealer” within Section 2(c)(iv) & (viii), U.P. Trade...
Service law — disciplinary proceedings — Natural justice – Disagreement by Disciplinary Authority – Appeal dismissed – Manager, Grade-I of SBI dismissed after DA disagreed with “partly proved” findings and treated them “fully proved” without giving the delinquent an opportunity to represent – High Court set aside dismissal following Punja...
Writ Petition – Alleged Coercion in Withdrawal – Restoration Allowed – Judgement in Favour of Justice – The appellant, a member of a Scheduled Caste, challenged the validity of mining lease rules and entitlement of private parties – During pendency, writ petition was withdrawn allegedly under coercion, followed by a restoration plea supported by a detailed affidavit &...
Civil Revision – Scope Post CPC Amendment – Section 115 CPC – Revisional Jurisdiction Curtailed – The 1999 amendment to Section 115 CPC removed the High Court's power to entertain revisions against interlocutory orders unless they result in final disposal of the suit – Held: The amendment curtails statutory revision but does not affect constitutional remedies unde...
Removal from Municipal Office – Abuse of Power – Interpretation of Section 22 of Punjab Municipal Act – Order Quashed – The appellant, elected President of Rajpura Municipal Council, was removed from office by State Government under Section 22 of the Punjab Municipal Act, 1911, on the allegation that he obstructed functioning of the Council by withholding payment for a fogg...
Constitutional Validity - Excise Regulation – Medicinal Preparations Containing Alcohol – State Competence Upheld – Notifications issued by the State of Rajasthan declaring medicinal and toilet preparations containing more than 20% proof alcohol as “liquor” challenged on grounds of legislative incompetence and violation of Article 19(1)(g) – Rajasthan High Court...
Sales Tax – Anti-Evasion Scheme – Sections 2(6), 11(1) Explanation, 11(5), 11(7)-(8), 11(10)-(12), 14(4) WBST Act, 1994 and Rules 172-174, 188, 189 with Forms 28 & 31 – Upheld – State’s competence under Entry 54 List II to enact incidental safeguards affirmed – Explanation to s.11(1) is a valid rebuttable presumption (Evidence Act s.4) – “Amount ...
Constitutional Law - Constitutional Validity Of State Rules Regulating Medicinal Preparations Containing Alcohol – Excise Regulation – Medicinal Preparations with Alcohol – Legislative Competence of State – Challenge Rejected – High Court struck down Rajasthan Rules treating Ayurvedic drugs with over 20% proof alcohol as liquor – Held: Supreme Court disapproved ...
Land Acquisition – Alleged “Malice in Law” – Articles 136/226; LA Act Ss. 4(1), 6, 17(4) – Acquisition Upheld – High Court quashed notifications holding the State acted to defeat eviction decrees; Supreme Court holds the State’s eminent domain to secure continuance of a long-running public purpose (school since 1954) is distinct from its status as tenant &...