Accident Claim - Motor Accident Compensation – Notional Income for Unskilled Worker – Enhanced Based on Precedent – Tribunal awarded compensation assuming monthly income of ₹15,000; High Court reduced it to ₹3,700 based on minimum wages – Supreme Court held ₹7,500/month as reasonable notional income for a coolie in 2010 based on Ramachandrappa v. Royal Sundaram Allian...
Consumer Law - Consumer Jurisdiction – Pecuniary Limits Based on Consideration – Constitutional Validity Upheld – Challenge to Sections 34, 47, and 58 of the Consumer Protection Act, 2019 dismissed – Court held that classification based on consideration paid (not compensation claimed) for determining jurisdiction of Consumer Commissions is constitutionally valid and not vio...
Civil Law - Order VII Rule 11 CPC - Rejection of Plaint – Limitation – Mixed Question of Law and Fact – Rejection Set Aside – The plaint challenged alienation of property by appellant’s father acting beyond authority of power of attorney – High Court rejected plaint under Order VII Rule 11(d) CPC holding the suit was barred by limitation – Supreme Court he...
Arbitration Law – Validity of Discharge Vouchers – Accord and Satisfaction – Arbitrability Affirmed – The appellant-insured accepted a discharge voucher under financial duress after a prolonged delay in claim settlement – Despite receipt of Rs. 1.88 crores under the Fire Declaration Policy, appellant claimed balance Rs. 3.83 crores and invoked arbitration &ndash...
Taxation Law - Income Escaping Assessment – Validity of Reopening – Prima Facie Material Justifying Reassessment – Reopening of assessment for AY 2012-13 challenged on grounds that original assessment under Section 143(3) was already concluded and that reassessment notice was issued based solely on third-party information – Held: Department acted on tangible material receiv...
PIL - Environmental Law - Forest De-notification – Illegal Corrigendum – FCA Non-Compliance – Notification Quashed – De-notification of protected forest land at Kanjurmarg challenged by petitioner NGO – Court held that use of Section 21 of General Clauses Act to bypass mandatory prior approval under Section 2(1) of the FCA was impermissible – Impugned notificati...
Family Law - Guardianship – Jurisdiction under Guardians and Wards Act – Territorial Jurisdiction Based on Minor’s Ordinary Residence – Dismissal of Revision - Wife filed guardianship petition claiming child under 5 years forcibly retained by husband’s family – Husband challenged maintainability on jurisdictional ground under Order 7 Rule 11(d) CPC – Held:...
IBC – The appellant, an operational creditor, supplied LAM Coke to the respondent under a contractual agreement and issued delivery of 1700 MT on credit based on assurances from the respondent – Payment was not made despite acknowledgment of default via email and multiple assurances – A demand notice in Form 3 under Section 8 IBC was sent to the respondent’s KMPs at the reg...
Electricity Act - Facts – Appellants (distribution licensees) challenged APTEL’s decision which had set aside State Commission’s order dated 1st December 2016 determining Cross-Subsidy Surcharge (CSS) for open access industrial consumers in Rajasthan – Respondents were industrial units sourcing electricity through open access – State Commission determined CSS based on...
Labour Law - Employees’ Compensation – Functional vs. Physical Disability – Liberal Interpretation – Compensation Enhanced – Appellant suffered multiple finger amputations in dominant hand while operating a forging machine – High Court restricted disability to 34% based on Schedule I – Supreme Court held that when multiple fingers are injured, functional i...