Service Tax – Manpower Recruitment or Supply Agency – Appellant engaged FSE for the appearance of tennis player VA in the Chennai Open Tennis Tournament – Service tax demand raised under 'manpower recruitment or supply agency' – Supreme Court held that the definition under Section 65(68) does not require an employer-employee relationship between the agency and the p...
Service Law – Terminal Benefits – Appellants, former employees of the Research and Analysis Wing, sought terminal benefits and pension after the merger of their posts was retrospectively applied – The Cabinet Secretariat initially reclassified the posts, merging them in a manner that was challenged – Central Administrative Tribunal (CAT) directed for reconsideration and the...
Insurance claim – Repudiation of claim – Grounds for repudiation – Lack of registration certificate, route permit, and fitness certificate – Temporary registration certificate issued for newly purchased vehicle – Fitness certificate deemed to be included in temporary registration certificate – Lack of route permit not applicable when vehicle being moved for safe...
Securities Law – SEBI Adjudication – Petitioner sought documents relied upon by SEBI in a show cause notice concerning alleged fund diversion – SEBI provided some documents but withheld others citing confidentiality – High Court dismissed the petition – Supreme Court upheld, emphasizing procedural compliance by SEBI and principles of natural justice [Paras 1-88].
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Arbitration Law – Interim Relief – Section 9 of the Arbitration Act empowers courts to grant interim measures to secure the amount in dispute in arbitration – The courts are not strictly bound by the provisions of the CPC, but must be guided by the underlying principles of procedural law – A strong prima facie case and balance of convenience in favor of the applicant justif...
Election Law – False Declaration – Corrupt Practices – The appellant was disqualified for making a false declaration about the assets of her spouse in her election affidavit – The false declaration constitutes a corrupt practice under Section 123 of the Representation of the People Act, 1951, as adopted by Section 39 of the Karnataka Municipal Corporation Act, 1976 – ...
Sports Law – BCCI Constitution – Cooling-off Period – Clause 6(4) – Proposed amendment to limit the cooling-off period to office bearers who complete two consecutive terms at the same level (state association or BCCI) – Amendment accepted with modifications to ensure cooling-off period applies to all office bearers, not just President and Secretary, to prevent monopol...
Jurisdiction of eviction petition under Wakf Act - Whether eviction petition against Wakf property maintainable before Civil Court - Supreme Court held in Ramesh Gobindram vs Sugra Humayun Mirza Wakf that eviction petition against Wakf property maintainable before Civil Court - 2013 amendment of Wakf Act not applicable retrospectively - Eviction petition filed prior to amendment maintainable befor...
Termination of services during probation period – Appeal and revision – Maintainability – The petitioner’s services as a constable were terminated while on probation. The appellate authority dismissed the petitioner’s appeal on a technical ground, and the respondents contended that the petitioner had an alternative remedy of filing a revision petition. The court exami...
Divorce Petition Dismissal – Mental Cruelty and Mental Disorder Unproved – Appellant (husband) appealed against Family Court’s judgment dismissing his divorce petition under Sections 13(1)(ia) and 1(iii) of the Hindu Marriage Act, 1955, on grounds of alleged cruelty and mental disorder by respondent (wife) – Family Court found no substantial proof of cruelty or mental disor...