Civil Procedure – Declaration and Possession – The Supreme Court held that an order or decree passed without jurisdiction is a legal nullity – The deficiency of jurisdiction cannot be cured by the consent of the parties – The Deputy Commissioner (DC) lacked inherent jurisdiction to either entertain the appeal or endorse the compromise during the suspension of the Jammu and ...
Service Tax – Composite Works Contracts – The Supreme Court held that service tax could not be levied on composite works contracts prior to the introduction of the Finance Act, 2007, which amended the Finance Act, 1994, to introduce Section 65(105)(zzzza) – The Court found that the Finance Act, 1994, contained no charge or machinery to levy and assess service tax on indivisible c...
Retirement Age of College Teachers – The Supreme Court held that the enhancement of the retirement age of college teachers in Kerala to 65 years is within the domain of the State Government – The policy of the State Government mandating retirement at 56 years for teachers of aided affiliated colleges and at 60 years for university teachers is crystallized by enactments under Article 30...
Res Judicata – Principles Applied – The doctrine of res judicata precludes the re-litigation of issues that have already been resolved between the same parties in previous proceedings. The Court emphasized that res judicata bars subsequent proceedings only if the same matter has been directly and substantially in issue previously, reaching finality in a competent forum [Paras 1-88].
...
Tenancy Rights – Illegal Transfer – The assignment of tenancy rights by the tenant to the appellant was found to be unlawful under Section 26 of the Maharashtra Rent Control Tenancy Act, 1999, which prohibits such transfers in the absence of a contract to the contrary [Paras 1-88].
Ratification – Landlord's Consent – The Court held that the landlord's actions did...
Compassionate Appointment – Suitable Employment – The term "suitable employment" in Rule 5 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, must be understood with reference to the post held by the deceased employee. The superior qualification held by a dependent does not determine the scope of the words "suitable employ...
Appointment Tenure – Statutory Provisions – The Supreme Court held that the appointment of members of the NCLT for a period of three years is not contemplated by Section 413(1) of the Companies Act, 2013. The section stipulates a tenure of five years for members from the date of entering office, eligible for re-appointment for another term of five years [Paras 1-88].
Admin...
Municipal Tax – Part of Rent – Interpretation – The Supreme Court held that the share of municipal tax due from a tenant, as stipulated under Section 230 of the Kolkata Municipal Corporation Act, 1980 and Section 5(8) of the West Bengal Premises Tenancy Act, 1997, does not constitute part of the rent of the premises. Instead, it can be recovered as arrears of rent for the purpose...
Boundary Wall – Extent of Possession – The Supreme Court held that the plaintiffs can only protect their possession by putting up a boundary wall/fence to the extent of 2 acres and 35 cents as declared in the previous litigation. Any boundary beyond this extent is unauthorized and contrary to the earlier judgment and decree [Paras 1-88].
Kudikidappu Rights – Limitati...
Reservation – Persons with Disabilities – The Supreme Court held that the appellants, being locomotor disabled, cannot claim appointment to the post of Safai-Karmis, which was not reserved for locomotor disabled candidates under the Government Order dated 07.05.1999. The reservation is to be made for posts identified by the appropriate government as suitable for disabled persons under ...