Service Tax – Exemption – Job Work vs. Contract Labour – Appellant entered into agreements to provide personnel for various activities, claiming exemption from service tax under Notification No. 25/2012-Service Tax dated 20 June 2012 – CESTAT held services were in the nature of contract labour and not job work – Agreement lacked specifications of job work and resemble...
Disciplinary Inquiries – Judicial Review – Scope – Judicial review of disciplinary inquiries conducted by departmental/appellate authorities is limited to correcting errors of law or procedural errors leading to manifest injustice or violation of natural justice principles – High Court's interference in domestic inquiry by setting aside punishment imposed on respondent ...
Education Law - Revaluation and Grace Marks - MBBS Examination - LPA challenging denial of grace marks and revaluation request - National Medical Commission Regulations and University Ordinance - Appellant's failure in two subjects - Held, university can award up to 5 grace marks only if the student has failed in one subject and passed all others. - In this case, appellant failed in two subjec...
Administrative Law – Judicial Review – Scope of Observations – High Court made general observations beyond the scope of the writ petition regarding wrongful evaluation of bids and discrimination against Indian bidders – Supreme Court advises restraint in making unwarranted general observations not directly related to the case – Observations regarding representation to...
Constitutional Law – Policy Decision – Interference – Court would not interfere with policy decisions if the State demonstrates intelligible differentia in application and such differentia has a nexus with the object sought to be achieved – Policy of Rajasthan to restrict bonus marks to employees within the State upheld as non-arbitrary [Paras 16, 22-23].
Admin...
Juvenile Justice – Bail – Section 12 JJ Act – Bail to Juvenile Rule, Exceptions Narrow – Juvenile in conflict with law entitled to bail unless falling under specific exceptions – No specific role or injury attributed to appellant – Appellant in custody since 24.07.2019 – Trial likely to be prolonged – Co-accused granted bail – Held: Bail grante...
Consumer Protection – Jurisdiction – Telecom Services – Section 7B of the Telegraph Act provides for arbitration of disputes between telecom authorities and consumers – Consumer Protection Act, 1986, being a special and subsequent legislation, includes telecom services within its ambit – Existence of arbitration clause under the Telegraph Act does not oust the jurisdi...
Auction Sales – Setting Aside – Material Irregularity – Rule 107(14)(i) – Auction sale not to be set aside unless substantial injury due to irregularity, mistake, or fraud – Borrower did not seek setting aside within 30 days nor show substantial injury – High Court’s order setting aside sale on grounds of irregularity incorrect – Auction sale restore...
Debt Recovery – Interim Relief – Jurisdiction of High Court – High Court granted interim relief to auction purchaser during pendency of appeal before DRAT, effectively deciding the main issue – High Court exceeded its jurisdiction by making DRAT proceedings infructuous – Proper course was to allow DRAT to decide the appeal on merits – Impugned judgment and order...
Land Law - Ownership Dispute - Writ Petition under Article 226 - Petitioner sought to quash the orders dismissing his petition and statutory appeal under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. The petitioner claimed ownership and possession of Nazul land as a successor by will, whereas the Gram Panchayat asserted ownership per Jamabandi for the year 2004-2005. The Co...