Exemption from Fees – Market Fee vs. Rural Development Fee – Appeal against the denial of exemption from Rural Development Fee under the 2003 Industrial Policy – Respondent sought exemption, claiming similarity with other industries granted such benefits – High Court dismissed initial writ and subsequent modification application – Supreme Court finds both fees distinc...
Arbitration – Extension of Arbitrator’s Mandate – Application Filed Post-Termination – Consideration of Section 29-A of the Arbitration and Conciliation Act, 1996 – Court holds that it retains the power to extend the mandate even if the application is filed after the statutory timeline for expiry of the mandate – Rohan Builders (India) Pvt. Ltd. Vs. Berger Paint...
Stamp Duty – Concession Agreements under BOT Scheme – Dispute on whether the Concession Agreement amounts to a “lease” – Madhya Pradesh High Court held the agreements to be leases and imposed stamp duty accordingly – Supreme Court examined the statutory definitions and the clauses of the agreement – Confirmed that the agreements are leases under Section 10...
Constitutional Law – Scheduled Castes – Authority to Amend – The State Government of Bihar's resolution to merge the caste "Tanti-Tantwa" with 'Pan/Sawasi' in the Scheduled Castes list was challenged – Held, the State Government lacks the authority to amend or alter the Scheduled Castes list, which can only be done by Parliament through legislation &nd...
E-Auction Process – Bid Mistake – The appellant's bid of 140.10% in an e-auction for a mining lease, significantly higher than the preceding bid of 104.05%, was claimed to be a typographical error – The Supreme Court held that the system's lack of a mechanism to rectify such errors and the appellant’s immediate attempt to inform the respondents constituted a bona fi...
Regular Bail - Application for regular bail under Section 439 Cr.PC - Case under NDPS Act - Recovery of contraband - Compliance with Sections 42 and 50 of the NDPS Act - First-time offender - Delay in trial - Precedents cited - Grant of bail based on Supreme Court precedents. [Para 2-8]
Constitutional Right to Speedy Trial - Consideration of Article 21 of the Constitution of India - Dilution of...
Pay Scale Revision – Historical Context – Controversy centered on the pay scale revisions of SDI/ABSA and DBSA compared to Headmasters following the Fifth Central Pay Commission's recommendations – The 2001 Order revised Headmasters' pay scales but not SDI/ABSA and DBSA, leading to perceived discrepancies [Paras 4-10].
Doctrine of Merger – Application &...
Constitutional Law - Right to Property - Article 300A - Interpretation and Applicability - The right to property under Article 300A is characterized as a constitutional right and also as a human right. Compliance with a fair procedure of law is a prerequisite before depriving any person of immovable property. Section 352 of the Kolkata Municipal Corporation Act, 1980, which does not provide for ne...
Administrative Law – Allotment of Government Accommodation – Writ of Mandamus – Petitioner, a National Political Party, sought a temporary housing unit from GPRA for office use until the allotment and construction of a permanent office. Respondents denied the request, citing acute shortage of GPRA accommodations and previous offers of alternate land. Held – National Politic...
Civil Procedure – Production of Additional Documents – Petitioner challenged the order of the Trial Court that partially allowed the application under Order VII Rule 14 CPC – Contention that documents were highly relevant for adjudication of the matter and were improperly excluded – Trial Court found the reasons for delay in preparing documents irrelevant – High Court...