Land Acquisition – Market Value Determination – Market value of land depends on location, area, development status, size of land plot, and other advantageous or disadvantageous factors – Rates in Ready Reckoner, intended for stamp duty collection, cannot be used to determine compensation for land acquisition – Reliance on Ready Reckoner rates leads to erroneous enhancement ...
Economic Regulation – Aeronautical Tariffs – AERA’s Determination – Appeals by airport operators challenging tariff orders by AERA – Key issues include treatment of Fuel Throughput Charges (FTC) as aeronautical revenue, calculation of Hypothetical Regulatory Asset Base (HRAB), and methodology for applying CPI-X formula for tariff determination – Supreme Court up...
Disciplinary Proceedings – Removal from Service – Branch Manager issued an insurance cover note without collecting premium – Subsequent claim led to financial loss for the company – Disciplinary authority ordered removal without disqualification for future employment – High Court upheld the decision – Supreme Court found punishment disproportionate given appella...
Consumer Protection – Educational Institution – Policy Decision – Respondent sought admission to MBBS course in the Philippines through the appellant – Republic of Philippines abolished the MBBS program after admission – Appellant offered alternative course, which respondent declined – Consumer Fora directed appellant to refund fees and pay compensation – ...
Consumer Law – Delay in Delivery of Possession – Builder delayed delivery of possession of the flat due to delayed regulatory clearance – Appellant (allottee) entitled to compensation for delay from March 2011 till fresh offer of possession – Modification of contractual terms regarding compensation upheld – National Commission's modification of compensation to 6% ...
Civil Procedure – Striking Off Defense – Defendant tenant failed to deposit due rent despite requirements under Order XV Rule 5 CPC – Trial Court and Revisional Court struck off defense for non-payment – High Court reversed this decision, granting indulgence to the tenant – Supreme Court held that mere denial of landlord-tenant relationship does not absolve tenant fro...
Sales Tax – Classification of Product – 'KADIPROL' sold by the respondent categorized by Deputy Commissioner as 'Drug and Medicine' under Entry 26(1) of Schedule II Part A of the GST Act – Tribunal upheld this classification – High Court reversed and categorized it as 'Poultry Feed' under Entry 25 of Schedule I – Supreme Court found merit in Re...
Contempt of Court – Wilful Disobedience – Respondents failed to deposit shortfall amount to maintain USD 60 million in Corporation Bank account despite Supreme Court’s orders – Defence of insufficient funds and inability to comply rejected – Conduct amounted to deliberate and wilful disobedience – Respondents liable for punishment under Contempt of Courts Act [P...
Customs – Classification of Goods – Dried pomegranate seeds (Anardana) classified under Heading 1209 as seeds, not under Heading 0813 as dried fruit – CESTAT's classification upheld based on the common parlance test and policy conditions in the Import Policy – Revenue's contention rejected due to insufficient evidence to reclassify Anardana under a different heading...
Civil Procedure – Setting Aside Ex-parte Decree – High Court set aside ex-parte judgment and decree without considering delay of 1522 and 2345 days in filing petitions to set aside the decree – Supreme Court held that High Court erred in exercising Article 227 jurisdiction where statutory remedy of appeal was available – High Court’s decision set aside; ex-parte decre...