Banking Law – Priority of Secured Creditors – Section 31-B RDB Act – Petitioner bank sought recovery of ₹79.74 crores against defaulting borrower, with mortgaged properties under DRT attachment—Respondent tax department sought to sell same properties for ₹29 lakhs in VAT dues—Held: Section 31-B of RDB Act, inserted in 2016, grants absolute priority to secured cred...
Custom Law - Customs Exemption – Administrative Circular Cannot Override Statutory Notification – Appeal Allowed - The Supreme Court held that Circular No. 10/2004-Cus., which expanded the scope of excluded goods under Notification No. 53/2003-Cus., was legally unsustainable – Such a circular cannot add conditions or restrict exemptions granted by a statutory notification under S...
Arbitration – Objection on Jurisdiction – MP Act Applicability Raised Late – Award Restored – The respondent failed to object to the jurisdiction of the arbitral tribunal during arbitration or in initial Section 34 petition – Only after the L.G. Chaudhary (II) decision was such a ground introduced – Held: In line with precedent, an award cannot be annulled solel...
Employment Law - Public Employment – Format of Caste Certificate – Format compliance mandatory – Rejection of candidature upheld – Petitioners submitted OBC-NCL certificates in Central Government format rather than in the format required by the State of Uttar Pradesh – Clause 5.4(4) of recruitment advertisement clearly specified the required format and the consequence...
Civil Writ - Judicial Administration – Creation and Role of Court Managers – Thirteenth Finance Commission Recommendation – Approved - The Court Managers were introduced to improve court efficiency by supporting administrative functions, allowing judges to focus on adjudication – The Finance Commission allocated Rs. 300 crore for the scheme – Guidelines were issued by...
Civil Law - Order XXXIX Rules 1, 2 and Rule 4, Code of Civil Procedure, 1908 – Mandatory Injunction - Possession and Encroachment – Longstanding Possession – Plaintiff’s Access Blocked – Possession Protected - Plaintiff, in settled possession of Plot No. D-1 since 1998, was dispossessed of 92 sq. yds. by defendant’s unilateral demolition of the boundary wall in ...
Eviction Suit – Section 23 PSCC Act – Title Dispute Alleged – Application for Return of Plaint Rejected – Tenant raised dispute of title at belated stage in proceedings initiated in 1995 – Court held that mere plea of ancestral title without substantial evidence or prior action over decades was not sufficient – Repeated admissions by tenant and his son, as well ...
Civil Law - Arbitration and Conciliation Act, 1996 - Arbitration Clause – Interpretation of Dispute Resolution Clause – Article 20 of Concession Agreement – Arbitration Denied – The Supreme Court examined whether Article 20 of the Concession Agreements executed between Municipal Corporations of Delhi and private contractors constituted a valid arbitration agreement – ...
Civil Law - Electricity Act - Jurisdiction of CERC – Powers under Section 79 – Regulatory Order Valid – Held: CERC has dual functions of regulation and adjudication – Even in absence of regulations under Section 178, CERC is empowered to regulate tariff matters between parties under Section 79 – Grant of liberty to claim compensation falls within such regulatory scope...
Road Safety – Public Interest Litigation (PIL) – National Highways – Implementation of Control of National Highways Act, 2002 – Directions issued to remove unauthorised occupation from National Highways and establish enforcement mechanisms – Court found the absence of dedicated inspection teams and grievance redressal portals violated statutory mandates – Held: ...