Advocates Act – Disciplinary Proceedings – Formation of "Reason to Believe" is Mandatory – Proceedings Quashed – Under Section 35(1) of the Advocates Act, 1961, a State Bar Council must form a "reason to believe" that an advocate is guilty of professional misconduct before referring a complaint to its Disciplinary Committee – Mere receipt of a comp...
Patent Law – Section 117-A of the Patents Act – Appeal Not Maintainable – The impugned order was issued in a review proceeding under Section 77(1)(f) of the Patents Act – Section 117-A does not provide for an appeal against orders passed under Section 77(1)(f) – Held: The appeal is not maintainable and liable to be dismissed at the threshold [Paras 16-17].
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Family Pension – Legal Entitlement of Spouse – Employee Cannot Unilaterally Deny – Pension Not Part of Estate – The deceased employee had applied for voluntary retirement in 2003 and later removed the name of his wife and daughter from service records—He had also submitted a declaration stating he had divorced his wife—Upon his death, the respondent-wife claimed...
Arbitration – Jurisdiction of Arbitral Tribunal – Oral Contract Establishing Joint and Several Liability – Award Upheld – The appellant, a stock broker, initiated arbitration against the respondents, a married couple, for the recovery of outstanding dues in the wife’s trading account – The arbitral tribunal found both respondents jointly and severally liable bas...
Motor Accident Claim – Disability Assessment – Medical Board Report Disregarded – Compensation Enhanced – The claimant-appellant suffered severe head injuries in a road accident and was in a comatose state – The Medical Board certified 100% permanent disability, yet the Tribunal assessed it at 50%, which was upheld by the High Court – The Supreme Court held that...
Service Law - Challenge to the disciplinary proceedings - Judicial Review – Departmental Proceedings – Limited Scope of Court’s Intervention – The petitioner challenged the findings of the disciplinary proceedings and the penalty of compulsory retirement awarded – Held: Judicial review is limited to examining whether the inquiry was conducted in accordance with the pr...
Property Law – Religious Endowments – Ownership of Temple Lands – Sale of Trust Property – Second Appeal – Dismissal – Suit Properties measuring 8.24 acres alleged to belong to the plaintiffs, claimed through a trust established by their predecessors – Defendants contended that the properties were religious endowment lands dedicated to the Idol of Lord Vin...
Service Law – Pensionary Benefits – Parity with Similarly Placed Employees – Article 14 & 16 of the Constitution of India – Direction to Consider Claims – The petitioners, retired SLR workers of the Water Resources Department, sought pensionary benefits citing discrimination as the Government had extended similar benefits to SLR workers in the Fisheries Department...
Taxation Law - Section 80IA of the Income Tax Act - Transfer Pricing – Use of Indian Energy Exchange (IEX) Rates as External CUP – IEX Rates Not Comparable to SEB Rates – The Revenue challenged the ITAT’s decision to reject IEX rates as a comparable uncontrolled price (CUP) for determining ALP under Section 80IA(8) of the Act for electricity transferred from the Asses...
Service Law – Selection Grade – Calculation of Cadre Strength – Plaintiffs claimed Selection Grade based on total cadre strength of 430 posts, while defendants argued cadre strength was 264 – Evidence showed sanctioned strength was 384 as admitted by defendants' witness – Held: 20% of 384 posts (i.e., 76 employees) were entitled to Selection Grade – Findings...