Consumer Law – Deficiency in Service – Section 2(1)(d) and 2(1)(g) of the Consumer Protection Act, 1986 – Supreme Court held that the failure of the builder to obtain the occupation certificate amounts to a deficiency in service – The members of the appellant society are consumers and have the right to seek compensation for the higher taxes and water charges incurred due to...
Arbitration Law – Jurisdiction of High Court – Section 37 of the Arbitration Act – The Supreme Court held that the High Court exceeded its jurisdiction under Section 37 of the Arbitration Act by entering into the merits of the claim and setting aside the award passed by the arbitrator and the order passed by the Additional District Judge – The High Court had a limited scope...
Land Law – Ceiling on Land Holdings – Applicability to Government Grants – Provisions of the Ceiling Act are applicable to land held by grantees of the Government under lease agreements – Grantee, being a lessee from the Government, has no right to transfer the land without fulfilling the conditions stipulated in Clause 9 of the lease deed – Sub-lessees cannot claim i...
Criminal Law – Anticipatory Bail – NDPS Act – Multiple FIRs – Petitioner sought anticipatory bail under Section 438 Cr.P.C. – High Court discussed the permissibility of registering a fresh FIR against the petitioner, citing Nirmal Singh Kahlon v. State of Punjab, validating the second FIR due to the larger canvass of the inquiry. The statements recorded under Section ...
Arbitration – Interference with Arbitral Award – Scope of Jurisdiction – The High Court’s interference with the arbitral award based on an alternative view was not justified – The Appellate Court correctly held that the learned Single Judge exceeded his jurisdiction by questioning the interpretation of the Implementation Agreement clauses given by the Sole Arbitrator ...
Tax Law – Electricity Duty – Exemption Provisions – The Supreme Court held that charitable educational institutions are not exempt from electricity duty under the Maharashtra Electricity Duty Act, 2016 – The omission of Section 3(2)(iiia) from the 1958 Act in the 2016 Act indicates the legislative intent to exclude such exemptions – High Court's interpretation lea...
Education – Admission – Reservation Policy – The Supreme Court addressed challenges to the reservation policy in the AIQ seats under NEET for OBC and EWS categories – Upheld the 27% reservation for OBC and 10% for EWS in AIQ seats – Directed the commencement of counseling based on the existing criteria, with future applicability subject to final adjudication [Paras 1-...
Administrative Law – Jurisdiction – Transfer of Cases – The Supreme Court held that any challenge to an order of transfer of an Original Application from one Bench of the CAT to another under Section 25 of the Administrative Tribunals Act, 1985, falls within the territorial jurisdiction of the High Court where the Tribunal passing the order is situated – High Court at Calcu...
Civil Law - Suit for Specific Performance - Concurrent Findings - No Substantial Question of Law - Regular Second Appeal under Section 100 CPC - Suit for specific performance of agreement to sell was dismissed by the trial court and the first appellate court - Both courts found no merit in the plaintiff's claims and noted a lack of evidence - Plaintiff unable to raise any substantial question ...
Reservation in Educational Institutions – Amendment to Reservation Act – The Supreme Court upheld the Manipur University’s adoption of reservation norms as 2% for SC, 31% for ST, and 17% for OBC candidates following the amendment to the Central Educational Institutions (Reservation in Admission) Act, 2006, by the Amendment Act of 2012 – The university was correct in reverti...