Motor Vehicle Accident Compensation – Enhanced compensation awarded in appeal – Original tribunal awarded Rs. 4,67,800 with 8% interest for injuries and permanent disability due to motor vehicle accident – Appellant sustained severe injuries leading to 80% permanent disability by lower tribunal, though claimed as 100% due to complete loss of previous employment capacity as a help...
Land Acquisition – Failure of Procedure – Writ petition against State for restoration of land acquired in 1983 under West Bengal Land (Requisition and Acquisition) Act, 1948 and compensation – Petitioner challenged the non-completion of acquisition process and non-payment of compensation – Despite expiry of the 1948 Act and repeal of the 1894 Act by the 2013 Act, no acquisi...
Property Dispute – Renovation and Construction Work – Appeal against High Court’s dismissal of writ petitions challenging unauthorized construction and alteration work at a shared property – Allegations that renovations exceeded permissible limits under local municipal regulations – High Court affirmed Single Judge’s order that renovations were within legal boun...
Personal Injury Compensation - Motor Vehicle Accident - Assessment of compensation for injuries sustained in a road accident - Claimant suffered multiple fractures to the left ankle, underwent surgeries, and incurred medical expenses - Claimant's income assessed based on income tax return prior to the accident - Assessment of permanent physical disability and future loss of earnings - Award fo...
Civil Law – Local Investigation - Pre-emption rights – Challenge against order for local investigation to determine adjacency of properties for exercising preemption rights under Section 8 of the West Bengal Land Reforms Act, 1955 – High Court finds that local investigation should not substitute for evidence that must be provided by preemptor through documents and records like de...
Valuation of Shares – Section 56(2)(viib) Income Tax Act – Appellant challenged ITAT’s upholding of AO’s rejection of Discounted Cash Flow (DCF) Method in favor of Net Asset Value (NAV) Method for share valuation – ITAT’s decision questioned regarding its authority to substitute the valuation method – ITAT held DCF Method to be unrealistic, substituting it...
Petition for Quashing Award and Directing Consequential Benefits – Dismissed – Workman Status Not Proven – Petitioner sought quashing of the award passed by the Labour Court and consequential benefits. Court found that petitioner failed to prove his status as a ‘workman’ under the Industrial Disputes Act, 1947, and his claim of illegal termination. Discrepancies in pe...
Arbitration Law – Jurisdiction under Section 29A of Arbitration and Conciliation Act, 1996 – High Court’s jurisdiction to entertain applications for extension of mandate of arbitral tribunal – Applications under Section 29A seeking extension of time to pass award filed before High Court – Preliminary objection raised by non-applicants regarding maintainability before ...
Jurisdiction - Central Goods and Services Tax Act, 2017 - Remittance for re-adjudication - Challenge to the order disposing of the Show Cause Notice proposing a demand against the petitioner - Allegation of non-receipt of notice due to retrospective cancellation of GST registration - High Court finds merit in petitioner's contention and sets aside the impugned order - Matter remitted to Proper...
Issue of Copyright Ownership by Sanyasi – Civil Suit for Copyright Infringement – Consideration whether a renunciate (sanyasi) retains copyright ownership in his literary works – Plaintiff Trust holds copyrights of works by Srila Prabhupada, a renounced spiritual leader – Defendant reproduced these works online without authorization – Defendant contended that Srila Pr...