Motor Accident Claim – Assessment of Income – Evidence of Mining and Agricultural Activities – Compensation Enhanced – Tribunal treated deceased as unskilled labour earning ₹4,914 per month – High Court held that evidence of statutory mining consents, crane registration, EMI payments of ₹35,170 per month, and agricultural land indicated much higher income – ...
Taxation Law - Goods and Services Tax – Cross-Empowerment – Jurisdiction of CGST Officers – Petitioners assigned to State Tax Authorities challenged issuance of show cause notices by Joint Commissioner, CGST – Held: Section 6(1) of CGST Act provides inherent and automatic cross-empowerment to officers of Centre and States – Notification required only when conditions a...
Administrative Law – Writ of Mandamus – Police Interference in Business Activity – Licensing of Chemicals – Petitioner engaged in purchase and sale of certain chemicals for which no explosives licence was required as confirmed by Deputy Chief Controller of Explosives (letter dated 15.02.2023) – Police allegedly visiting petitioner’s shop and obstructing business...
Succession Law – Proof of Will – Suspicious Circumstances – Appellants/defendants challenged concurrent judgments declaring Will of Late Sh. Satpal Chopra illegal and void – Trial Court and First Appellate Court found Will shrouded by suspicious circumstances – Held: Although attesting witnesses were examined, the burden lies on the propounder to dispel all suspicion ...
Service Law – Provident Fund – Exclusion from EPF Pension Scheme – Petitioners, retired employees of Idukki and Kottayam District Co-operative Banks, challenged discontinuation of EPF pension citing exclusion under GO(MS) No.81/2009/LBR dated 30.06.2009 and introduction of Self-Financing Pension Scheme, 2005 – Held: By virtue of G.O. dated 24.09.2005 and subsequent exclusio...
Family Law – Restitution of Conjugal Rights – Section 22 of Special Marriage Act – Valid Cause for Withdrawal – Appellant-husband filed suit for restitution alleging desertion – Trial court found concealment of prior subsisting marriage by appellant and held that respondent-wife had valid apprehension for her safety – Held: Respondent’s withdrawal from soc...
Renewable Energy – Generation Based Incentive (GBI) – Interpretation of Clause 8 of MNRE Guidelines (2010) – Power to Remove Difficulties – Committee’s Decision – Tariff Determination – Scheme provided that GBI shall be the difference between tariff determined by CERC and the Base Rate (Rs. 5.50/kWh escalated annually) – Committee under Clause 8 deci...
Service Law – Transfer – Equivalency of Post – Appellant challenged transfer from Associate Professor to Professor post on ground that it was not an equivalent post – Held: Transfer was to a higher-grade post and not disadvantageous – No violation of service conditions or constitutional provisions – Transfer upheld [Paras 18–19, 23]
Administrative Law &...
Railways Act – Compensation – Untoward Incident – Accidental Fall – Deceased was travelling by train with a valid ticket – Fell from an overcrowded compartment due to sudden jerk – Tribunal dismissed claim on grounds of suicide and absence of proof of bona fide passengership – Held: Once accidental fall is established, statutory liability of Railways is at...
Arbitration – Appointment of Arbitrator – Second Round – Section 11 – Applicant sought appointment of Arbitrator after Award dated 06/06/2022 was set aside in its entirety by Section 34 Court – Though Section 37 Appeals are pending, Court held that under limited scope of Section 11, existence of arbitration agreement alone is to be examined – Held: Prima facie a...