Constitutional Law – Locus Standi – Petition under Article 226 – Maintainability – Appellant had a contractual right to manage the undertaking of the Oriental Gas Company under a valid agreement for a fixed term – Held: Section 4 of the impugned West Bengal Act terminated the appellant’s management rights for five years – Such deprivation of contractual ri...
Citizenship Law – Termination of Indian Citizenship – Section 9(2), Citizenship Act, 1955 – Rule 3, Schedule III of Citizenship Rules – Conclusive Proof of Foreign Citizenship – Petitioners, originally Indian citizens, were deported or directed to leave India under the Foreigners Act on the ground that they had obtained Pakistani passports – They challenged Sect...
Service Law – Compulsory Retirement – Rule 244(2) of Rajasthan Service Rules – Not a Penalty – Not Attracted by Article 311 – Respondent compulsorily retired in public interest under Rule 244(2) – Held: Such retirement is not by way of punishment and is not covered under Rule 14 of the Classification Rules – Article 311 not attracted – Action under R...
Civil Procedure – Jurisdiction of Civil Courts – Industrial Employment – Natural Justice – Interplay between Industrial Disputes Act, 1947 and Standing Orders Act, 1946 – Civil Court’s Jurisdiction not automatically barred – Conflict between Rajasthan SRTC v. Krishna Kant (1995) and Rajasthan SRTC v. Khadarmal (2006) referred for resolution – Held, c...
Service Law – Lien – Retention of Lien in Parent Department – Respondent appointed temporarily as Homeopathic Doctor in 1980 under ESI Scheme while retaining lien in Economics & Statistics Department – Continued in said post till retirement in 1994 without confirmation – Held: Lien cannot be terminated unless permanent appointment made in new post – Responde...
Civil Procedure – Summary Dismissal – Requirement of Reasoned Order – High Court dismissed first appeal summarily without addressing core issues including jurisdiction of the civil court – Supreme Court held such dismissal without application of mind or reasons violates principles of justice – Order set aside and matter remitted for fresh adjudication on merits [Paras...
Income Tax – Section 43B – Deduction Disallowed – Bottling Fee – Actual Payment Required – Held that furnishing of bank guarantee does not amount to “actual payment” under Section 43B – Requirement is for actual outflow of funds to the exchequer – Bottling fees are not tax, duty, cess or fee but consideration for exclusive privilege under excis...
Civil Law - Agency – Scope of Authority – Commission Note – Authority to Conclude Sale – Construed broadly – The commission note authorised the broker to “negotiate the sale” and “secure a buyer” with stipulations of title being free of encumbrances and good title – Held: Such language implied authority to conclude a binding contract of s...
Civil Law - Transfer of Property – Part Performance – Section 53-A TPA – Unregistered lease agreement – Defence upheld – A permanent lease was negotiated between the Talukdari Settlement Officer (with Government sanction) and the predecessor of the defendant; though no formal registered lease was executed, the offer and acceptance were in writings signed by the partie...
Company Law – Section 105-C – Further issue within authorised capital – Bona fides – Appeal dismissed – Directors resolved on 21.02.1945 to issue 4,596 shares at premium and offered them pro rata to members on the register in the ratio 4:5 – Challenge that the issue was mala fide to retain control and that Section 105-C was contravened – Held: Section 105-...