Civil Writ - Recruitment Examination – Challenge to Second Written Test under Madrasah Service Commission – Writ Petitions Dismissed – The batch of writ petitions was filed challenging the notices dated 05.08.2024 and 09.08.2024 issued by the West Bengal Madrasah Service Commission, which allowed previously eliminated candidates from the 2011 selection process to appear in a seco...
Service Tax – Healthcare Services Exemption – Section 73 of Finance Act – Cord Blood Stem Cell Banking Covered Under Healthcare Services – Supreme Court held services of enrolment, collection, processing, and storage of umbilical cord blood stem cells fall within “Healthcare Services” under Notification No. 25/2012-ST – Held: Such services are preventive i...
Motor Accident Compensation – Income Assessment of Skilled Worker – Ramachandrappa Principle – Enhancement of Income – The appellant, a skilled mason, claimed income of Rs.200/day but Tribunal and High Court awarded lower monthly income – Supreme Court applied principle from Ramachandrappa v. Royal Sundaram, accounting for progressive annual increments and accepted mo...
Partnership Law - Section 42 of the Indian Partnership Act - Partnership Continuation after Partner’s Death – Clause 18 of Partnership Deed – No Automatic Dissolution – Partnership Firm Continues - Upon the death of one partner in a three-partner firm, the Court held that the business did not automatically dissolve as the partnership deed specifically permitted continuation...
Civil Law - Second Appeal – Challenge to Declaration and Possession Decree – Section 100 CPC – Second Appeal Dismissed – In a property dispute where the plaintiff purchased the suit schedule property through a registered sale deed under a Lucky Dip Scheme from defendants 1 and 2, the trial court and first appellate court concurrently decreed declaration of title and recover...
Service Law – Reservation for BC Category – Requirement of Fresh BC Certificate – Validity of Certificates – Rejection of Candidature Arbitrary – Candidates applied for recruitment to the post of Constable (General Duty) under BC-A/BC-B category – Their candidature was rejected on the ground that caste certificates were issued before 01.04.2023 – Held: No ...
Arbitration Law – Existence of Arbitration Agreement – Clause with Directory Language – Appeal Dismissed – The appellant invoked Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of arbitrator based on Clause 13 of the contract, which used the expression “may be sought through arbitration” – The Supreme Court held that mere inclu...
Civil Law - Abatement of Appeal – Non-Substitution of Legal Representatives – Total Abatement of Second Appeal – Appeal Dismissed – The appellants challenged the orders of the High Court that dismissed their applications seeking condonation of delay and substitution of legal representatives of deceased co-appellant Ram Babu – The Supreme Court found that no sufficient...
Electricity Act - Electricity Regulatory Commissions – Jurisdiction to Initiate Investigation under Section 128 – Investigation Petition Rejected – The Supreme Court held that UPERC exceeded its jurisdiction by entertaining a consumer petition under Section 128 seeking investigation into the functioning of a distribution franchisee appointed in Agra – The Court clarified th...
Motor Accident Claim – Liability under Section 163A of Motor Vehicles Act – Joint Liability Clarified – The Supreme Court set aside the dismissal by the Tribunal, holding that under Section 163A, proof of negligence is not required and the deceased was a ‘third party’ in respect of the offending vehicle – Directed compensation to be payable solely by the insurer...