Taxation Law - GST – Liability of Government Entity – Flawed Adjudication – Order Quashed – Petitioner challenged GST liability of ₹99,05,74,260/- and penalties imposed by the adjudicating authority under the CGST/SGST Acts – Court noted contradictions in the adjudication order, including conflicting findings on the ownership of goods – Held: Adjudication orde...
Administrative Law – Railway Licenses – Petitioners challenged Clause 5 and Clause 11 of the 2017 Policy, which abolished the renewal and extension of licenses for MPS units, arguing that it violated Articles 14, 19, and 21 of the Constitution – Petitioners contended they were coerced into converting their stalls to MPS under unequal bargaining conditions – Petitioners soug...
Rejection of Plaint – Order VII Rule 11 CPC – Scope and Applicability – Dismissal of plaint inappropriate – Trial Court erred in dismissing the suit based on additional parties and revised pleadings under the guise of formal defects – Held: Pleas of respondents required adjudication through evidence, not summary rejection of the plaint [Paras 33-35].
Liberty to Fil...
Limitation Law – Filing of Subsequent Suit for Specific Performance – Article 113 and Order VII Rule 13 of the Code – Suit Barred – The second suit filed in 2007 for specific performance was barred under Article 113 of the Limitation Act – Held: The second suit must be filed within three years from the rejection of the earlier plaint in 1998; filing the suit beyond 20...
Arbitration – Delay Attributable to Claimant – Section 14 of the Limitation Act – Interest Granted from Specific Date – Arbitral Tribunal directed interest @ 12% per annum for the delay, which was upheld by the High Court – Held: In peculiar facts, interest allowed only from 06/03/2010, the date on which the Arbitral Tribunal condoned the delay and deemed claims withi...
Accident Claim - Golden Hour – Definition and Significance – Section 162 of Motor Vehicles Act, 1988 – Golden hour defined under Section 2(12-A) as the one hour following a traumatic injury – Critical for saving lives through prompt medical treatment – Held: Cashless treatment during the golden hour is a statutory obligation to uphold the right to life under Article 2...
Civil – MACT - Accident Claim - Reliance on Police Records – FIR and Chargesheet – Validity in Accident Claims – Tribunal and High Court relied on police records, including FIR and final report, to establish negligence of the driver of the offending vehicle – Held: Use of police records for determining negligence in motor accident claims is permissible, provided they ...
Civil Law - Specific Performance – Readiness and Willingness – Burden of Proof – Section 16(c), Specific Relief Act – Relief Granted – The plaintiff must establish both readiness (financial capacity) and willingness (conduct) to perform obligations under the contract – In this case, evidence in the form of fixed deposits and legal notices proved the plaintiff...
Motor Accident Claims – Compensation Calculation – Victim Souman Mondal was killed in a motor vehicle accident caused by a lorry driven recklessly. The tribunal awarded compensation, holding the owner of the vehicle liable and exonerating the insurance company. On appeal, the High Court recalculated the compensation considering the victim’s age, income, and future prospects, dire...
Civil Law - Hindu Widow’s Remarriage Act – Termination of Limited Rights Upon Remarriage – Misconceived Plea - The appellants claimed that the defendant, having remarried before 1956, ceased to hold limited rights in her deceased husband’s property under Section 2 of the Hindu Widows’ Remarriage Act, 1856. Held: The plea was neither raised in the pleadings nor support...