Administrative Law – Delay and Laches – Constructive Res Judicata – Writ petition challenging the cancellation of allotment and eviction orders dated 28.02.1996 and 17.05.1999, respectively, and the appellate order dated 15.05.2003. The petitioners approached the court in 2023, with an unreasonable delay in invoking writ jurisdiction. Held, the writ petition suffers from laches a...
Classification of a product - Medicament or cosmetic - Interpretation of provisions - Applicability of Chapter 30 and Chapter 33 of the Central Excise Tariff Act, 1985 - Analysis of relevant entries and amendments - Ingredient test and common parlance test - Consideration of labeling and therapeutic uses. (Para 5, 10)
Ingredient test - Examination of the composition and medicinal properties of ...
Section 11 of the Code of Civil Procedure, 1908 - constructive res judicata - Earlier petition dismissed but petitioner or their predecessor not impleaded - Causes of action, reliefs, and khasra numbers in the earlier petition similar to present petition - Doctrine of res judicata not applicable - Impugned orders suffer from a vice of breach to the principle of constructive res judicata - Multipli...
Land Acquisition - Lapse of Acquisition - Compliance with Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Satisfaction of either of the conditions of taking possession or payment of compensation is sufficient to save the acquisition from lapsing. (Para 8)
Acquisition Proceedings - Payment of Compensation - Deposit...
SARFAESI Act, 2002 - Section 13(8) - Challenge to e-auction notice - Availability of alternative statutory remedy - Writ petition under Article 226 of the Constitution of India - Maintainability - Whether Section 13(8) of the SARFAESI Act shall be applicable in favour of an agreement to sale holder or only in case of the borrower who is ready and willing to pay the entire debt - Applicability of S...
Village Common Lands – Eviction Petition – Ownership and Control – Writ petition against eviction orders under Sections 4 and 5 of the Punjab Public Premises Act, 1973. The Gram Panchayat sought eviction of the petitioners from the land described as "Gair Mumkin Abadi." The petitioners contended that the land, recorded as "JumlaMushtarka Malkan" in ownership a...
Civil Appeal – Validity of caste certificate – Appellant challenges High Court judgment – First respondent obtained a job reserved for Scheduled Castes with a caste certificate – Caste certificate invalidated due to marriage – Appellant conducted disciplinary proceedings leading to dismissal – Single Judge directed reconsideration based on outdated precedents &n...
Land Dispute & Title Confirmation – Civil suit filed by Ram Balak Singh for confirmation of possession over land originally settled on his predecessor by a lease agreement – Suit land recorded under the appellant’s name by the Consolidation Officer, an order which achieved finality and was not contested by the state – Initial trial court decision in favor of appellant, ...
Scope and ambit of power and jurisdiction of the Supreme Court under Article 142(1) of the Constitution of India - Court's power to depart from the procedure and substantive laws based on considerations of fundamental general and specific public policy - Exercise of discretion to do complete justice in a "cause or matter" - Court as a problem solver balancing equities between conflic...
Doctrine of lis pendens – Collusive decree – Validity – Land dispute – Plaintiffs filed suit seeking declaration that order passed by High Court was collusive and not binding on their ownership rights – Plaintiffs claimed to have purchased the land in question through sale deeds – Defendants denied allegations and raised legal objections – Trial court decr...