Civil Writ - Excise Law – Re-processing of Expired Liquor Stock – No Express Provision in Odisha Excise Act or Rules – Permission Granted – The petitioner, a distillery, challenged the rejection of its application for re-processing expired liquor stock on the grounds that no specific provisions exist in the Odisha Excise Act, 2008 or the Odisha Excise Rules, 2017. The State...
Challenge to the selection process - Fair Price Shop - Re-enquiry of Godown Suitability – Lack of Authority under Clause 20(iv) of WBPDS – District Level Fair Price Shop Selection Committee (DLFPSSC) directed re-enquiry into the private respondent’s godown suitability after awarding marks in the original enquiry – Held: DLFPSSC had no authority under Clause 20(iv) of WBPDS ...
Civil Law – Recovery of Money – Suit for recovery of ₹3,39,101/- – Commercial Court dismissed the suit – Appellant claims services rendered, respondent disputes cash payments – Held, respondent failed to establish cash payments – No credible evidence supporting cash payments – Appellant’s appeal allowed – Judgment and decree set aside –...
Banking Law – Declaration of Fraud – Petitioner challenged the classification as 'fraud' by the respondent bank – Argument that such classification must be based on a majority rule among consortium banks with at least 60% share in the total lending as per RBI guidelines – Earlier Show Cause Notice quashed for non-supply of documents and lack of hearing – Petit...
Evidence Law - Misdescription of Property – Oral Evidence Admissibility – Petitioner sought to clarify boundaries in sale deeds mentioning incorrect plot numbers. High Court held trial court erred in disallowing cross-examination on misdescription of property boundaries. Oral evidence admissible under Section 92's proviso for proving genuine mistakes [Paras 11-12].
Provisions of...
Property Law - Lease Cancellation – Default in Payment – Rule 12(3), Chandigarh Lease Hold Rules – Quashing of Resumption Orders – High Court’s Error – Appellants auctioned a booth site to the respondents on a 99-year lease, requiring installment-based payment of the premium – Respondents defaulted on payments, leading to lease cancellation by the Estate O...
Limitation Act Applicability – Section 31 of the State Financial Corporation Act – The appellant argued that the Limitation Act does not apply to enforcement against the surety under Section 31 of the State Financial Corporation Act, 1951 – Held: The court rejected this argument, stating that unless there is an express provision excluding the Limitation Act, it is applicable &nda...
Land Acquisition – Redetermination of Compensation – Application under Section 28-A of the Land Acquisition Act, 1894 – Beneficent legislation to aid inarticulate and poor people – Object to remove inequality in compensation payments – Restrictive interpretation rejected – Appeal allowed
Redetermination of Compensation – Section 28-A of the La...
Service Law – Misappropriation and Disciplinary Action – Circular Providing Amnesty – Petitioner challenged the dismissal show cause notice and sought relief under Circular No.1/2017 granting amnesty for certain misdemeanors – Petitioner had a history of misdemeanors, leading to multiple punishments – Court found the circular was misused by employees to evade serious ...
Motor Vehicle Accident – Compensation – Enhancement – Appellant dissatisfied with the Tribunal’s award – Tribunal awarded Rs. 1,80,000 for future loss of income and additional amounts under various heads – Appellant sustained multiple fractures and 80% permanent disablement – High Court enhanced the compensation considering prospective income and increased...