Civil Law – Execution of an eviction decree - Scope of Decree – Restriction to Suit Premises – Order VII Rule 3, CPC - The decree pertained solely to one hut in the servant quarters, as described in the plaint and located on a plot shaded green in the map annexed to the plaint. The green-shaded land was only for identifying the hut’s location, not the entire property. Held:...
Payment of Gratuity – Definition of Employee – Trainee vs. Apprentice – Petitioners challenged the orders affirming gratuity payments to employees, arguing exclusion of apprenticeship period under the 1961 Act. The High Court held that only apprentices undergoing training under the Apprentices Act are excluded from the Payment of Gratuity Act, whereas trainees outside its purview...
Taxation Law - Recovery of Interest and Penalty – Section 11A of the Excise Act – Applicability of Natural Justice – Petitioner challenged the freezing of its bank account and demand for interest and penalty on delayed payment of excise duty, claiming that no show cause notice or opportunity to explain the delay was provided – Held: Under Sections 11AA and 11AC of the Excis...
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...
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...
