Martial Law – Limitation Period – For Section 122, relevant dates are when aggrieved person and competent authority knew of the alleged offence – Knowledge of the offence by the aggrieved person on 13.08.2015 initiated limitation period – Convening Authority's order for trial by General Court Martial on 22.11.2018 beyond three-year limitation – Proceedings quashed...
Insolvency Law – Priority of Tax Claims – The State is a secured creditor under the GVAT Act – Section 48 of the GVAT Act provides for a first charge on the property of the dealer for tax dues – Supreme Court held that Section 48 is not contrary to or inconsistent with Section 53 of the IBC – Section 53(1)(b)(ii) of the IBC includes debts owed to a secured creditor, w...
Corporate Governance – Election of Office Bearers – Regulation 92(2) applicable only in cases of absence, not vacancy – Regulation 117(2) applicable when post vacated due to disqualification – Election of new Chairman held under Regulation 119(2) valid – High Court erred in quashing election on grounds of meeting not chaired by Vice-Chairman [Paras 4-4.4].
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Fee Regulation – Unauthorized Fee Enhancement – Government of Andhra Pradesh issued G.O. enhancing tuition fees for private medical colleges without AFRC's recommendations – High Court quashed G.O., held it illegal under Rules 2006 – Supreme Court affirmed, emphasizing adherence to procedural rules and AFRC’s role in fee determination [Paras 1-5].
Rul...
Amendment of Pleadings – Legal Principles – High Court permitted plaintiffs to amend plaint seeking enhancement of damages in a suit for specific performance – Supreme Court reiterated principles under Order 6 Rule 17 CPC: amendments should be allowed to avoid multiplicity of proceedings, provided they do not cause injustice, withdraw admissions, or introduce time-barred claims &...
Election Law – Non-disclosure of Conviction – Appellant failed to disclose conviction under Kerala Police Act for holding a dharna – High Court declared election void – Supreme Court held such non-disclosure does not constitute undue influence under Section 102(1)(b) or 'fake' details under Section 102(1)(ca) – Offences under Kerala Police Act are not substant...
Land Acquisition – Procedural Compliance – The acquisition of land for constructing grade separators and other structures was challenged on the grounds of non-compliance with procedural requirements under Rule 5(2) of the Tamil Nadu Highways Rules, 2003 – Supreme Court held that non-filing of a statement by the Highways Department in response to landowner objections does not viti...
Land Acquisition – Compensation – Determination of market value – Land acquired for coal excavation by Singareni Collieries Company Limited – High Court awarded Rs. 80,000 per acre after deducting 1/3rd for developmental activities – Supreme Court held that no developmental activity was required as land was for mining – Compensation enhanced to Rs. 1,23,000 per ...
Murder – Quantum of Punishment – Conviction under Section 302 IPC mandates either death or imprisonment for life along with a fine – Minimum sentence for murder under Section 302 IPC is imprisonment for life – High Court's reduction of sentence to period already undergone (approximately seven years and ten months) was held impermissible and unsustainable by the Supreme ...
Motor Accident Compensation – Appeal against quantum of compensation awarded by Motor Accident Claims Tribunal – Appellant sought enhancement of compensation – Accident resulting in multiple injuries to appellant, including fractures and muscle tears – Appellant underwent extensive medical treatment in various hospitals – Tribunal awarded compensation of Rs. 4,21,500/...