Review – CPC O.47 R.1 – No error apparent on record – attempt to reargue merits impermissible – abuse of process – review petition dismissed with ₹50,000 costs
Review – Scope and Limits – Error Apparent on Record – Review Petition Dismissed – Petitioner sought reconsideration of High Court’s order directing him to file proceedings be...
Employees’ State Insurance Act, 1948 – Section 45A – Jurisdiction – Preconditions – Determination of contribution – Corporation invoked Section 45A to assess contribution for period 1988–1992 – Employer had produced ledgers, cash books, vouchers, contractor records and returns and had participated in multiple personal hearings – Held: Section 4...
Arbitration and Conciliation Act, 1996 – Section 34 – Scope of Interference – Challenge to arbitral award on grounds of perversity and patent illegality – Court reiterated that reappreciation of evidence is impermissible under Section 34 – Arbitral Tribunal is the master of evidence – Interference warranted only where findings are perverse, arbitrary, capricious...
Territorial Jurisdiction – Writ Petition under Article 226 – Challenge to Final Findings by Designated Authority recommending anti-dumping duty – Petitioner, a Kuwaiti exporter, claimed apprehended loss of business in Kolkata as part of cause of action – Held: Mere apprehension of injury to business or presence of customers in Kolkata is not sufficient to establish part of ...
Suit for Recovery - Insurance – Bankers Indemnity Policy – Loss Due to Employee Misconduct – Claim Denied for Failure to Prove Actual Loss and Violation of Policy Terms – Suit Dismissed – Plaintiff bank filed suit seeking indemnity under BIPs for losses caused by alleged embezzlement and misappropriation by bank employee between 2003–2008 – Defendant insur...
Income Tax – Non-Compete Fee – Revenue or Capital Expenditure – Section 37(1), Income Tax Act, 1961 – Assessee paid non-compete fee to joint-venture partner to restrain it from competing in electronic office products business for a fixed period – Assessing Officer and Delhi High Court held expenditure to be capital in nature – Supreme Court examined tests of end...
Public Procurement – Bid Submission Failure – Display of Incomplete Bids – Rule 19 KTPP Rules – Re-submission Attempt After Corrigendum – Petitioner submitted bids on 25.09.2024 and re-submitted revised bids on 27.09.2024 – Cancelled bids again on 30.09.2024 intending to upload final corrections, but failed to re-submit before deadline (17:30 hrs, 30.09.2024) &n...
Specific Performance – Execution of Decree – Delay in Filing Execution Petition – Trial Court decreed suit for specific performance directing execution of sale deed within two months on payment of balance consideration – Execution petition filed after expiry of two months and balance consideration deposited subsequently in instalments – High Court held decree inexecut...
Administrative Law – Creation and Naming of Revenue Villages – Notification Quashed – State Government issued notification under Section 16 of Rajasthan Land Revenue Act creating Revenue Villages ‘Amargarh’ and ‘Sagatsar’ – Names found to be derived from private individuals (Amarram and Sagat Singh) who had donated land – Held: Notification vio...
Clinical Establishments – Jurisdiction of Regulatory Commission – Deficiency in Patient Care Service – Commission constituted under the WBCE Act, 2017 examined complaint alleging improper diagnosis, delay in referral and treatment by hospital leading to death of patient – Commission found that ECG and echocardiography were conducted and interpreted by persons lacking requis...