Landlord Definition – Interpretation – Under the U.P. Regulation of Urban Premises Tenancy Act, 2021, the term "landlord" includes a trustee or guardian receiving rent for premises on behalf of another person. The court concluded that Pradeep Kumar Gupta, as Secretary of Seth Girwar Lal Pyare Lal Shiksha Trust, fits within this definition, and the application under Section 10...
Partition – Ancestral Properties – Plaintiffs sought partition of A to C schedule properties into 12 equal shares, claiming 7 shares – Defendants contested on the grounds of independent acquisitions and pre-existing partitions – Trial Court granted plaintiffs 7/12th share – On appeal, High Court examined the evidence and upheld the Trial Court’s decree [Paras 1-...
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...
Caste Certificate – Provisional Admission and Employment – Petitioner admitted to M.B.B.S. and M.D. courses based on provisional caste certificate – Caste claim invalidated by Scrutiny Committee – Petitioner completed courses and was appointed as Medical Officer – Petitioner sought protection of education and employment – High Court dismissed the petition, citin...
Defamation – Social Media Posts – Plaintiff, a renowned journalist, alleged Defamation by Defendants via social media – Plaintiff sought injunction for removal of defamatory posts – Court directed Defendants to remove posts and make videos private within seven days [Paras 50-51].
Right to Reputation vs. Free Speech – Court acknowledged higher threshold fo...
Income Tax – Transfer Pricing Adjustments – Royalty Payments – The ITAT deleted the TP adjustments of INR 1,99,57,161/- related to royalty payments made by Samsung India to its parent company – ITAT found that Samsung India operates as a full-fledged licensed manufacturer and not as a contract manufacturer – Royalty payments were made for technical know-how and expert...
Administrative Law – Repatriation – Absorption – Petitioner, initially on deputation as Deputy Registrar, was absorbed by University’s Executive Council (EC) resolution – Later repatriated by Registrar’s order claiming she was still on deputation – Petitioner challenged repatriation – Court held petitioner was validly absorbed and became permanent em...
GST Law – Show Cause Notice – Issuance of Notice under Section 73 – Petitioner challenges the show cause notice for non-compliance with Rule 1A of Rule 142 of GST Rules – Mandatory requirement to communicate details in Part A of Form GST DRC-01A not fulfilled – Court examines procedural compliance and jurisdictional aspects – Concludes that procedural requiremen...
Arbitration – Appointment of Arbitrator – Employment Contracts – Petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking the constitution of an Arbitral Tribunal to resolve disputes arising from the lock-in periods specified in the employment contracts – Court upheld the validity of lock-in periods, finding them not violative of fundamental...
Arbitration – Challenge to Award – Interest on Claims – VAT Claims – Challenge under Section 34 of the Arbitration and Conciliation Act against an award allowing claims for unsupplied items and VAT components – Held that the arbitrator acted beyond jurisdiction by granting claims contrary to contractual terms – Clause 15.4 of the tender document precluded any in...