Service Tax – Manpower Recruitment or Supply Agency – Appellant engaged FSE for the appearance of tennis player VA in the Chennai Open Tennis Tournament – Service tax demand raised under 'manpower recruitment or supply agency' – Supreme Court held that the definition under Section 65(68) does not require an employer-employee relationship between the agency and the p...
Service Benefits – Pensionary Benefits – Appeal against the grant of pensionary benefits to Commission Vendors/Bearers in Northern Railway – High Court directed counting 50% of their service before absorption for pensionary benefits – Union of India contended that such benefits should not be granted as Commission Vendors/Bearers do not have the same status as casual laborer...
Micro, Small and Medium Enterprises Development Act – Arbitration – Jurisdiction – Dispute resolution – Independent arbitration agreements and statutory rights under MSMED Act – Appeals challenging the jurisdiction of the Facilitation Council under MSMED Act despite the existence of independent arbitration agreements between the parties – Supreme Court held that...
Court Fees Act - Specific Claim for Damages - Quantum - Revision petition against order dismissing application for rejection of plaint due to insufficient court fee - Suit claimed specific damages of Rs. 20 lakhs, but court fee of only Rs. 50/- affixed - Held, court fee must be affixed on the specified amount claimed as per Section 7(i) of the Court Fees Act - Order of trial court set aside - Resp...
Motor Vehicles (Fifth Amendment) Rules 2022 – Rule 30 – Motor Accident Claims – Claims Tribunal's duty to record evidence through a local commissioner when the insurance company disputes liability – Insurance company to bear the expenses of the local commissioner [Paras 60-61].
Motor Vehicles Amendment Act 2019 – Section 159 – Information regard...
Environmental Law – Establishment of Wood-Based Industries – Appeal against NGT’s order quashing state notice for establishing new WBIs – NGT overstepped its jurisdiction by interfering with the expert assessment of the Forest Survey of India (FSI) – Supreme Court held that the estimation of timber availability by FSI was based on scientific methods and could not be l...
Criminal Law – Sentencing – Review Petition – Modification of Sentence – Appeal challenging the sentence of life imprisonment for offences under Sections 376(2)(i) and 376(2)(m) IPC and Sections 5(i) and 5(m) read with Section 6 of POCSO Act – Supreme Court modified the sentence to rigorous imprisonment for 20 years for each of these offences, to align with the senten...
Motor Vehicles Act – Compensation Enhancement – Appeal against the High Court’s decision on compensation for the death of a housewife aged 25 years in a vehicular accident – Supreme Court held that the High Court erred in assessing the income of the deceased and in not considering future prospects – Income of the deceased should be considered at Rs. 7500 per month, wi...
Land Acquisition – Enhancement of Compensation – Sale Exemplars – High Court erred in discarding sale exemplars Exs. P3 and P4 solely because they involved transactions with a company – Proper deduction required for smaller parcels of land – Compensation determined at Rs. 12,16,800/- per acre – Impugned judgment modified [Paras 6-9].
Compensation Ca...
Permanent Commission – Armed Forces – Indian Navy – Women Officers – Short Service Commission – High Court's judgment challenged – AFT dismissed applications challenging denial of Permanent Commission – Principle issue whether AFT could adjudicate validity of selection proceedings when relevant material disclosed only to AFT in sealed cover – App...