Sale deed - Nature of transaction - Burden of proof - Admissibility of parol evidence - Inter-se dispute between co-defendants - Order VIII Rule 6A CPC - Validity of sale deed executed by defendant against co-defendant - Sale deed registered and executed by defendant not in dispute - Presumption of genuineness - Extent of property described in sale deed - Inconsistency in defendant's stand - E...
Classification of goods - Central Excise Tariff Act, 1985 and Central Sales Tax Act, 1956 - Pan masala and gutkha - Whether pan masala with tobacco comes under Chapter 24 or Chapter 21 of the Central Excise Tariff Act, 1985 - Whether pan masala and gutkha are "declared goods" under the Central Sales Tax Act, 1956 - Held, pan masala and gutkha are classifiable under Chapter 21 of the Cent...
Statutory Interpretation - Fiscal Legislation - Plain meaning of words - Legislative intent - Classification of talcum powder as a cosmetic product - Scope of interpretation. (Para 48)
Legislative Intent - Talcum powder containing medication - Classification as cosmetics - Proportion of medication - Irrelevance - Clear legislative intent to treat all talcum powders with medication as cosmetics ...
Change in category during the recruitment process - Not permitted: Once a candidate applies under a specific category, they cannot be allowed to change their category during the selection or midway through the recruitment process. The court cited previous judgments and an advertisement condition to support this principle. (Para 6 and 8)
Failure to upload required documents - Consequen...
Election petition - Non-compliance with the requirement of stating material facts - Dismissal of election petition - In an election petition, it is mandatory to state material facts on which the petitioner relies, constituting a cause of action - Omission of a single material fact leads to an incomplete cause of action and renders the petition liable to be dismissed - Election petition must contai...
Widow of deceased soldier - Allotment of land - Symbolic possession - Revenue rasta (road) not assigned - Petitioner approached the court through a writ petition - Deceased soldier's gallantry - Widow allotted 10 acres of land - Symbolic possession of 8 acres delivered - Remaining 2 acres under forest cover - Petitioner not assigned revenue rasta – Held - respectful treatment for the sur...
Corporate Law - Insolvency and Bankruptcy Code, 2016 - Whether the resolution plan can dilute, negate, or override the pledge agreement because a resolution plan to this effect has been approved by the Committee of Creditors (CoC) - Whether the Appellant No. 1 can be treated as a financial creditor under the Insolvency and Bankruptcy Code – Held - Appellant No. 1 - Vistra, a secured creditor...
Constitutional Law - Writ Petition under Articles 226, 227 – Challenge to Appellate Authority Order – Petitioner challenged the order of the Commissioner, Gurugram, which directed payment of additional stamp duty on the deed of assignment. High Court exercised its jurisdiction to interpret relevant provisions of the Indian Stamp Act, 1899 – Held that the order of the Commissioner...
Rule of law - New government not permitted to overturn previous government decisions: The High Court misinterpreted the government orders as overturning decisions of the previous government. The orders were intended to inquire into corruption allegations against the previous government. [Para 5.1]
Executive powers - Government's power of review: The High Court erred in stating tha...
Constitutional Law – Equality Before Law – Petition challenging the ten-year limit for considering sports achievements for government job eligibility under the sports quota – Petitioner’s earlier sports achievements excluded by the impugned Government Order – High Court finds the ten-year restriction arbitrary, lacking rational basis, and violative of Article 14 of th...