Civil Procedure – Counter-Claim – Late Filing – Counter-claim filed 13 years after written statement – Single Judge allowed counter-claim to avoid multiplicity of proceedings – Division Bench set aside order for lack of opportunity to plaintiffs – Supreme Court restored Single Judge’s order, emphasizing counter-claim filed before issues framed – Late...
Specific Performance – Readiness and Willingness – Compliance of "readiness and willingness" under Section 16(c) to be in spirit and substance, not merely in form – High Court's finding of compliance affirmed – Plaintiff had made specific pleadings and provided evidence of readiness and willingness to perform contractual obligations [Paras 1-88].
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Income Tax – Employee Contribution – Deduction of Employees' Contributions to PF/ESI – Section 36(1)(va) vs. Section 43B – Contributions must be deposited on or before the due date specified in the respective acts for deduction eligibility – Distinction between employer's contribution (Section 36(1)(iv)) and employees' contribution (Section 36(1)(va)) uphe...
Land Acquisition – Compensation – Jammu and Kashmir State Land Acquisition Act, 1990 – Acquisition proceedings initiated under the State Act of 1990 – High Court directed compensation as per the Act, 2013 – Supreme Court held Act, 2013 not applicable to State Act of 1990 – Compensation to be determined under the State Act of 1990 – High Court's order s...
Land Acquisition – Public Purpose – Karnataka Industrial Areas Development Act, 1966 – Land acquisition for private companies – Acquisition upheld when for public purpose and in furtherance of Act's objectives – Regulations permit land allotment to single company for industrial development with State Government's consultation – Acquisition for MSPL and A...
Service Law – Seniority Determination – Officiating Period Exclusion – Seniority calculation must exclude period spent in a promotional post on officiating basis unless specified otherwise in rules – Officiating service cannot count towards length of service in a particular post for seniority purposes – Appellants' seniority claim based on officiating service reje...
Contempt of Court – Deliberate Disobedience – Allegation of willful disobedience of the Supreme Court's order directing absorption of employees in Telangana Power Utilities – Non-compliance by Telangana Power Utilities with the Concluding Final Report submitted by One Man Committee [Paras 1-9].
Compliance with Court Orders – Absorption of Employees – ...
Constitutional Law – Writ of Quo Warranto – Appointment and Reappointment – High Court's power to issue writ of quo warranto when an appointment is made contrary to statutory provisions – State government's reappointment of Vice-Chancellor without authority held invalid – Chancellor retains power of appointment and reappointment under Section 8 of the Calcutta...
Tender Conditions – Judicial Review – Appellant (AAI) challenged the High Court's quashing of its tender conditions for ground handling services, including eligibility criteria and region-wise sub-categorisation of airports – High Court ruled these conditions arbitrary and discriminatory – Supreme Court overturned High Court’s decision, citing principles of judici...
Land Lease – No Objection Certificate – Appellant (State of Maharashtra) challenged the High Court's ruling that invalidated the requirement for a No Objection Certificate from the Collector for flat transfers in specified buildings – High Court found the requirement unjustified under the applicable Government Resolutions and lease terms – Supreme Court upheld the High ...