Employees' State Insurance Act, 1948 - Coverage of establishment - Applicability of Act to pathological laboratory - Dispute over the date of coverage of respondent establishment under the Act - Challenge to High Court's order allowing the respondent's appeal - Notification dated 27.05.1976 issued by the Government of Kerala - Circular dated 22.11.2002 issued by E.S.I. Corporation - No...
Service Tax - Works Contract Service - Valuation - Option to pay service tax at reduced rate - Whether the assessee providing works contract service is entitled to take the total contract value, including goods and services, for remittance of service tax and claim CENVAT credit on the entire amount - Determination of value under Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and t...
Civil Appeal - Municipal Corporation - Power and authority of Commissioner to impose major penalty - Validity of dismissal order - Lapses and negligence on part of officers - Delegation of power - Ratification of decision - Whether Commissioner had power to take action with respect to lapses other than purchases - Whether dismissal order passed by Commissioner was void ab initio - Whether subseque...
Constitution of India - Article 32 - Validity of Amendments to Rules - Impugned amendments to the Rajasthan Minor Mineral Concession Rules, 1986, introduced by the State Government, pertaining to the grant of mineral concessions, auction process, and rejection of pending applications - Challenge on grounds of constitutionality.
Para 3, Para 5, Para 10
Jurisdiction - Civil Appellate Jurisdict...
Constitution of India – Article 226 – Writ of Certiorarifiled Mandamus – Impugned order quashed – Appointing authorities rejected petitioner’s candidature for post of Grade II Police Constable on basis of alleged involvement in criminal case – Petitioner participated in protest organized by students against NEET examination – Criminal case filed under Sect...
Property Dispute – Sale Deed – Transfer of Title and Possession – Recitals in Sale Deed – Whether title and ownership passed to the plaintiff on the date of Sale Deed – Validity of unilateral cancellation deed executed by the first defendant – Effect of subsequent Gift Deed – Examination of recitals in Sale Deed to determine the nature of the transaction. ...
Insurance Law - Insurance claim dispute – Alleged breach of insurance policy conditions – Immediate notice of theft given to the insurance company – Whether a delay in intimating the insurance company about the theft constitutes a fundamental breach of Condition No.1 of the insurance policy – Court’s interpretation of Condition No.1 and reliance on previous judgments ...
Senior Citizens Act, 2007 – Eviction of children from property – Authority of the Tribunal – Summary procedure – Competing claims – Right to maintenance and protection – The Tribunal under the Senior Citizens Act, 2007 may have the authority to order eviction as an incident of the enforcement of the right to maintenance and protection, but this remedy can only b...
Dissolution of marriage on ground of cruelty - 13(1)(ia) Hindu Marriage Act, 1955 - Appellant-wife alleged cruelty by respondent-husband, including demands for dowry, physical and verbal abuse, neglect during pregnancy, and insistence to leave female child with appellant's parents - Respondent denied allegations and filed petition for restitution of conjugal rights - Family court dismissed app...
Civil Procedure Code, 1908 – Section 9 – Injunction – Mandatory Injunction – Withholding of documents and exercise of lien – Consignor’s liability for payment of charges to port authorities – Locus standi of the plaintiff consignor – Demurrage charges – Absence of a general lien under Section 171 of the Indian Contract Act, 1872 – Inter-s...