Muslim Law - Execution Proceedings – Widow’s Claim of Dower – Priority Question – Widow not Secured Creditor – A widow in possession of her husband’s estate in lieu of unpaid dower raised objection to attachment by a decree-holder creditor – The executing court upheld her claim, treating her position as analogous to a secured creditor – Held: Dower i...
Taxation Law - Goods and Services Tax – Cross-Empowerment – Jurisdiction of CGST Officers – Petitioners assigned to State Tax Authorities challenged issuance of show cause notices by Joint Commissioner, CGST – Held: Section 6(1) of CGST Act provides inherent and automatic cross-empowerment to officers of Centre and States – Notification required only when conditions a...
Arbitration – Appointment of Arbitrator – Second Round – Section 11 – Applicant sought appointment of Arbitrator after Award dated 06/06/2022 was set aside in its entirety by Section 34 Court – Though Section 37 Appeals are pending, Court held that under limited scope of Section 11, existence of arbitration agreement alone is to be examined – Held: Prima facie a...
Renewable Energy – Generation Based Incentive (GBI) – Interpretation of Clause 8 of MNRE Guidelines (2010) – Power to Remove Difficulties – Committee’s Decision – Tariff Determination – Scheme provided that GBI shall be the difference between tariff determined by CERC and the Base Rate (Rs. 5.50/kWh escalated annually) – Committee under Clause 8 deci...
Family Law – Restitution of Conjugal Rights – Section 22 of Special Marriage Act – Valid Cause for Withdrawal – Appellant-husband filed suit for restitution alleging desertion – Trial court found concealment of prior subsisting marriage by appellant and held that respondent-wife had valid apprehension for her safety – Held: Respondent’s withdrawal from soc...
Service Law – Provident Fund – Exclusion from EPF Pension Scheme – Petitioners, retired employees of Idukki and Kottayam District Co-operative Banks, challenged discontinuation of EPF pension citing exclusion under GO(MS) No.81/2009/LBR dated 30.06.2009 and introduction of Self-Financing Pension Scheme, 2005 – Held: By virtue of G.O. dated 24.09.2005 and subsequent exclusio...
Service Law – Transfer – Equivalency of Post – Appellant challenged transfer from Associate Professor to Professor post on ground that it was not an equivalent post – Held: Transfer was to a higher-grade post and not disadvantageous – No violation of service conditions or constitutional provisions – Transfer upheld [Paras 18–19, 23]
Administrative Law &...
Tenancy Law - Landlord-Tenant – Bonafide Requirement – Contradictory Pleas – Eviction petition filed under Section 14(1)(e) DRC Act on ground of bonafide need for opening boutique – Tenant granted leave to defend on triable issue of concealment regarding adjacent shop No. 2903 – Held: Learned ARC erred in presuming bonafide requirement without appreciating tenant&rsqu...
Motor Accident Claim – Assessment of Income – Evidence of Mining and Agricultural Activities – Compensation Enhanced – Tribunal treated deceased as unskilled labour earning ₹4,914 per month – High Court held that evidence of statutory mining consents, crane registration, EMI payments of ₹35,170 per month, and agricultural land indicated much higher income – ...
Succession Law – Proof of Will – Suspicious Circumstances – Appellants/defendants challenged concurrent judgments declaring Will of Late Sh. Satpal Chopra illegal and void – Trial Court and First Appellate Court found Will shrouded by suspicious circumstances – Held: Although attesting witnesses were examined, the burden lies on the propounder to dispel all suspicion ...