Motor Vehicles Act – Liability of Insurance Company – Delay in Lodging FIR – Appeal against compensation award on grounds of delay in FIR lodging and non-examination of deceased’s father. Held, delay in lodging FIR due to attending injured cannot be fatal. Non-examination of deceased’s father inconsequential as the accident and injuries were established by eyewitness ...
Insolvency Law – CIRP Against Corporate Guarantor – Liability of Guarantor – CIRP can be initiated against the Corporate Guarantor without first proceeding against the principal borrower – Liability of the guarantor is co-extensive with that of the principal borrower – Supreme Court held that the guarantor metamorphoses into a debtor or corporate debtor if the princip...
Municipal Law – Possession and Permanent Injunction – Town Planning Scheme – Land reserved for public park under the sanctioned Town Planning Scheme vested in the Municipal Committee – Plaintiff sought permanent injunction alleging possession – Courts held possession of land was already taken over by Municipality and developed as a public park – Supreme Court he...
Civil Procedure – Mesne Profits – Lease Determination – Appellant liable to pay damages for use and occupation at the rate the landlord could have let out the premises post-lease expiry – Under Section 2(12) CPC, the tenant's liability for damages is based on the rate at which the landlord could have rented out the premises upon tenant's vacating – Court must ...
Insolvency Law – Priority of Tax Claims – The State is a secured creditor under the GVAT Act – Section 48 of the GVAT Act provides for a first charge on the property of the dealer for tax dues – Supreme Court held that Section 48 is not contrary to or inconsistent with Section 53 of the IBC – Section 53(1)(b)(ii) of the IBC includes debts owed to a secured creditor, w...
Civil Procedure – Ex Parte Decree – Appeal – Appellant can challenge an ex parte decree on the grounds that the trial court's decision to proceed ex parte was unjustified – If the appellant did not file an application under Rule 13 of Order IX of CPC, they can still argue on the basis of the trial court's records that the suit summons was not served or that proceedi...
Tender Disqualification – Grounds and Validity – Appellant disqualified from tender participation by the Board of Trustees of Jawaharlal Nehru Port Authority based on termination of a Concession Agreement by the Visakhapatnam Port Authority – High Court upheld disqualification – Appellant contended termination was retaliatory and pending arbitration – Supreme Court di...
Benami Transactions – Determination of Ownership – Section 4(3)(a) of the Benami Transaction (Prohibition) Act, 1988 – Court considered the elements necessary to establish benami ownership, including the source of purchase money, possession of the property, and intention behind the transaction – Supreme Court found that the properties were purchased by the plaintiff with hi...
Excise Law – Refund of Duty – Returned Goods – Section 173L of the Central Excise Act, 1944 – For refund of excise duty under Section 173L, the value of returned goods must be considered as the market value of the excisable goods and not the ex-duty or raw material value – Supreme Court held that the Department correctly determined the value of the returned goods at R...
Constitutional Law – Compassionate Appointment – Articles 14 and 15 – Appointment on compassionate grounds cannot be extended to heirs of employees upon retirement or superannuation – Allowing such appointments would deny opportunities to outsiders who may be more meritorious or qualified – Court held that such appointments would be violative of Article 14 and Article...