Judicial Review – Disposal on Single Point – Duty to Decide All Material Issues – High Court remanded matter to Tribunal solely on issue of authorization of Secretary to initiate disciplinary proceedings – Failed to consider other substantial issues including breach of natural justice and justification of Tribunal’s findings – Held: When multiple issues arise, C...
Banking Law - Banker’s Lien – Scope and Extent – Section 171, Indian Contract Act – Salary Account of Guarantor – Borrower defaulted in repayment of loan availed under PMEGP Scheme – Bank froze salary account of guarantor invoking general lien and right of set-off – Held: General banker’s lien extends not only to goods but also to money deposited wit...
Insolvency and Bankruptcy Code, 2016 – Spectrum as Asset – Whether amenable to CIRP – Core Issue – Question whether TSPs can invoke moratorium under IBC to restructure spectrum usage rights and wipe off licence dues – Held: Spectrum allocated to TSPs and reflected as “intangible asset” in books of account cannot be subjected to proceedings under IBC &ndash...
Service Law – Age of Superannuation – Central Health Service Doctors – Amendment to FR 56(bb) – Age of superannuation stipulated as 62 years with conditional continuation up to 65 years upon exercise of option – Continuation confined to teaching, clinical, patient care, public health and advisory functions – Challenge to amendment as arbitrary and unconstitution...
Limitation – Condonation of Delay – Second Appeal – Delay of 1221 Days – Appellant sought condonation on the ground that he was residing in Dubai and was unaware of the judgment of the First Appellate Court – Affidavit silent as to the date of return to India – Appellant had earlier prosecuted first appeal from Dubai by engaging counsel – Held: Mere reside...
Code of Civil Procedure, 1908 – Order V Rule 20 – Substituted Service – Prerequisites for invocation – Held: Substituted service is an exception to the normal mode of service. It can only be ordered if the Court, after applying its mind to the facts and circumstances, records a satisfaction based on material on record that the defendant is deliberately keeping out of the wa...
Employment Contract – Restrictive Covenants – Non-Competition Clause – Section 27 Contract Act – Appeal against refusal of ad interim injunction – Clause restraining employee from joining competing business for two years post cessation – Held, once employee ceased to be in service upon resignation, post-employment non-compete clause is prima facie void under Sec...
Commercial Courts Act, 2015 – Section 12A – Pre-Institution Mediation – Mandatory Nature – Suit instituted after 20.08.2022 without compliance – Liable to be rejected under Order VII Rule 11 CPC unless it genuinely contemplates urgent interim relief – Reliance placed on M/s Dhanbad Fuels Pvt. Ltd. and Novenco Building – Compliance mandatory and not directo...
GST Law – Assessment Order – Document Identification Number (DIN) / Reference Number (RFN) – Petitioner challenged assessment order in Form GST DRC-07 contending absence of DIN – Court held that Reference Number (RFN) auto-generated by GST portal upon digital signing is sufficient compliance – DIN/RFN generated electronically cannot be treated as absent merely because...
Excise Law – Confiscation of Vehicle – Section 71 Odisha Excise Act – Independent of Criminal Trial – Vehicle seized and confiscated for alleged transportation of 51 litres of illicit NDP IMFL – Confiscation proceedings independent of outcome of criminal trial – Authority empowered to confiscate property if satisfied that offence under the Act has been committed...