Stamp Duty – Agreement to Sell – Possession – The agreements in question did not convey possession of the immovable property, as the plaintiff was already in possession prior to execution – Entry No. 5 (cc) of Schedule 1-A applicable under Punjab Stamp Act requires stamp duty on agreements evidencing delivery of possession – The trial court and High Court's orders...
Negotiable Instruments – Vicarious Liability – Section 141 of the NI Act – The High Court should not quash proceedings under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that a director/partner was not involved with the issuance of the cheque – The complainant must make specific averments regarding the role of the accused partner – Abse...
Motor Vehicles – Compensation – Enhancement – The claimant, who worked in the Merchant Navy, suffered an amputation of his right arm below the elbow, resulting in 70% disability – The High Court enhanced the Tribunal's compensation award to ₹1,482,000 but considered the claimant's income at ₹18,000 per month, assuming he worked only six months a year – Thi...
Education – Fundamental Right – Article 19(1)(g) – The right to establish educational institutions is a fundamental right under Article 19(1)(g) – Reasonable restrictions on this right can be imposed only by a law enacted by the legislature, not by an executive resolution or instruction – The Pharmacy Council of India's moratorium on the opening of new pharmacy co...
Administrative Law - Appointment Process - Selection Committee Recommendations - Validity of Appointment – Held, the State Government is bound to follow the recommendations of the Selection Committee under Rule 6(10) of the Consumer Protection Rules, 2020. The appointment of a candidate lower in merit without assigning valid reasons constitutes a negation of the rule. The impugned appointmen...
Pre-emption Act – Mandatory Court Order for Deposit – Petition challenging dismissal of application for deposit of 'Zare-Panjim' amount. Held, sub-section (1) of Section 22 mandates that the trial court must order the plaintiff to deposit a sum not exceeding 1/5th of the probable value of the land or property, or to provide security. In the absence of such direction, consequenc...
Family Law - Child Custody - Welfare of the Child -Writ of Habeas Corpus under Article 226 of the Constitution seeking release of minor daughter—Petitioner married in India, daughter born in India, family moved to Canada—Matrimonial discord led to wife moving back to India with the minor—Foreign court judgment not binding—Dominant factor is the welfare of the child—He...
Constitutional Law – Domicile and Allocation – Respondent, a state cadre officer, contested his allocation to Andhra Pradesh after the bifurcation of the state – Claimed right to be allocated to Telangana based on his domicile and spouse’s employment in Telangana – High Court upheld his claim – Supreme Court affirmed, emphasizing harmonization of allocation guid...
Securities Law – SEBI Investigation – Non-compliance with Summons – Appellants were under investigation for aiding and abetting market manipulation by Ketan Parekh – Failed to comply with multiple summons issued by SEBI requiring the production of documents and information – SEBI imposed penalties under Section 15A(a) of the SEBI Act – SAT upheld SEBI’s de...
Service Law – Terminal Benefits – Appellants, former employees of the Research and Analysis Wing, sought terminal benefits and pension after the merger of their posts was retrospectively applied – The Cabinet Secretariat initially reclassified the posts, merging them in a manner that was challenged – Central Administrative Tribunal (CAT) directed for reconsideration and the...