Administrative Law – Licensing – Revocation of Licence – Fair Price Shop Dealership – Respondent, a society registered under the Societies Registration Act, was granted FPS licence despite being ineligible under the Vacancy Notification which permitted only individuals, co-operative societies, and certain other entities – Held: Licence was void ab initio and liable to...
Motor Accident Claim – Composite Negligence – Liability Apportionment – Tribunal held both taxi and lorry drivers equally negligent in causing the fatal accident – Based on testimony of co-passenger widow (P.W.1), vehicle damage reports (Ex.P6, Ex.R5), and site sketch (Ex.P5) – Court found no perversity in Tribunal's apportionment of 50:50 liability [Paras 12&ndas...
Taxation Law - GST – Exemption – Renting of Residential Dwelling – Entry 13 of Notification No. 9/2017 – Hostel accommodation – Held: Residential building leased to a company, which sub-leases rooms to students/working professionals for long-term stay (3–12 months), qualifies as ‘residential dwelling’ and is ‘used as residence’ – Ex...
Arbitration Law – Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 – Power to Award Interest – Party Autonomy – Held: The phrase "Unless otherwise agreed by the parties" at the beginning of Section 31(7)(a) qualifies the entire provision. Where the parties have agreed to a specific rate of interest in the contract, the Arbitral Tribunal ceases to hav...
Civil Law – Decree Based on Family Settlement – Validity – Decree dated 14.01.1983 allegedly obtained by appellants Satpal and Mohinder Singh against Sukh Ram on basis of family settlement – Courts below held Sukh Ram was not related to appellants and had not suffered decree – Fingerprint expert evidence showed thumb impressions on court record did not match Sukh Ram&...
Taxation Law - International Taxation – Service Permanent Establishment (PE) – Calculation of Threshold Period – Article 5(6)(a) of India-Singapore DTAA – Assessee, a Singapore legal firm, had employees present in India for 120 days – Assessee claimed exclusion of vacation days (36), business development days (35), and common days (5) – Held: To constitute a Ser...
Constitutional Law – Writ of Quo Warranto – Disqualification of Member of Parliament – Effect of Stay of Conviction – Petitioner sought Quo Warranto against Respondent No. 1 (Rahul Gandhi) on the ground of disqualification under Article 102 r/w Section 8(3) of the RP Act due to conviction in a defamation case – Held: Once the conviction is stayed by the Appellate Cour...
Constitutional Law – Right to Health – Medical Negligence – Public Law Remedy – Strict Liability – Context of patients losing eyesight after cataract surgeries at Govt. Civil Hospital under the National Programme for Control of Blindness – Held: The right to health and medical care is an integral part of the fundamental right to life under Article 21. An inquiry...
Civil Law – Remand of Case – Order 41 Rule 23A CPC – Failure to Appreciate Evidence Independently – Context of Trial Court decreeing a suit for possession solely based on a previous judgment (Ex. PX) without independent findings on title – Held: The Trial Court committed a material procedural error by failing to record independent findings on the core issue of title (...
Criminal Law – Anticipatory Bail – Corruption/Misappropriation of Public Funds – MGNREGA Scheme – Petitioners (vendors) accused of conspiring with officials to divert funds meant for chicken coops, wells, and cattle sheds by falsifying records – Total misappropriation approx. Rs. 2 Crores – Held: In serious offences involving corruption and misappropriation of p...