Land Acquisition – Market Value Determination – Section 23 of the Land Acquisition Act – Reassessment of Compensation – High Court assessed market value at ₹1,20,000 per acre based on exemplars but reduced it by one-third due to small plot sizes – Supreme Court held that the deduction was excessive considering the land’s location, use, and industrial potential...
Civil Law - Issuance Of Non-Bailable Warrant - Jurisdiction of Matrimonial Court – Personal Appearance – Section 23(2) of Hindu Marriage Act – Validity of Direction – Upheld – The appellant challenged the High Court’s order directing his personal appearance and issuing non-bailable warrants after repeated failure to appear in matrimonial appeal proceedings &ndas...
Contempt of Court – Disobedience of Injunction – Lottery Held in Violation of Interim Orders – Contempt Confirmed – The appellant challenged the holding of lotteries for selection of excise licenses despite subsisting court orders restraining finalisation of such licenses – Held: Respondents, including senior government officers, willfully and deliberately disobeyed t...
Writ Petition – Ban on Slaughter of Animals – Policy Matter – Petitioners sought total ban on slaughter of cows, buffaloes, horses and chameleons citing religious and constitutional grounds under Article 48 – Held: Such matters fall within the domain of legislative and executive policy – Court cannot direct the government to enact a specific law or impose a total ban ...
Veterinary Practice – Certificate Holders – Central Act Superseding State Law – Section 30 of Indian Veterinary Council Act, 1984 held valid – It prohibits non-degree holders from practising veterinary medicine except for minor services under supervision – Court held this to be a reasonable restriction under Article 19(6) – Not unconstitutional [Paras 30, 39, 51...
Taxation Law - Excise – Refrigerator as a Packaged Commodity – Inclusion under Section 4A – Appellant challenged inclusion of refrigerators in Notification No. 9/2000 under Section 4A of Central Excise Act – Held: Refrigerators are sold in polythene, thermocol, and cardboard cartons – Such packaging satisfies the definition of ‘commodity in packaged form’ ...
Service Law – Premature Termination - Statutory Appointment – Applicability of Doctrine of Pleasure – Tenure Protection Under Special Statute – Termination Set Aside – The respondent’s appointment as Chairperson, NCTE was terminated by the Union of India citing the doctrine of pleasure under Article 310 – The Court held that the post was governed by a spec...
Service Law - Regularization – Government Company Employees – Absence of Right to Regularization – Industrial Disputes Act – Daily Wagers Not Entitled to Absorption – The employees of Hindustan Aeronautics Ltd., a government company, claimed regularization and parity in wages with regular staff despite being casual workers engaged under settlement agreements – H...
Recovery Proceedings – Liability of Guarantor – Distinction from Principal Debtor – Section 29 SFC Act – Recovery Proceedings Upheld – The appellant contended that guarantor’s liability cannot be enforced unless the mortgaged property of the principal debtor is first exhausted – Held: Since the principal debtor company was already wound up and official liq...
Land Law - Ceiling Proceedings – Finality of Order – Section 11(1) of the Act – Non-Issuance of Final Statement – It was held that once the Deputy Collector (DCLR) in 1976 recorded a finding that the landholder possessed no surplus land and the order attained finality without appeal, a final statement under Section 11(1) ought to have been issued within reasonable time &nda...