Rectification of GST Returns – Mechanism and Restrictions – Appellant challenges the High Court's decision allowing the rectification of Form GSTR-3B for past periods – Supreme Court emphasizes that the law permits rectification of errors and omissions only at the initial stages of Forms GSTR-1 and GSTR-3 but in a specified manner – Once Form GSTR-3B is submitted, any c...
Senior Advocate Designation – Withdrawal of Privilege – Petitioner challenges the withdrawal of his Senior Advocate designation by the Gujarat High Court, arguing that the decision was disproportionate and failed to consider his long-standing service and contributions – Supreme Court notes the petitioner’s history of transgressions and balances the need for maintaining deco...
Waqf Act – Jurisdiction of Civil Court – Suit for Permanent Injunction – High Court’s decision that civil courts can entertain suits for permanent injunction even if they pertain to waqf properties challenged – Supreme Court holds that as per Section 85, any dispute related to waqf properties falls within the exclusive jurisdiction of Waqf Tribunals – High Court...
Industrial Disputes Act, 1947 – Termination of Daily Wagers – Appellants employed on daily wage basis terminated without compliance with Section 25F – Industrial Tribunal declared termination void and ordered reinstatement with 50% back wages – High Court set aside the Award, holding appointments were irregular and not entitled to protection under Section 25F – Suprem...
Constitution of India – Article 14 – Arbitrary Policies – High Court held the State's "First Come First Serve" basis for granting licences for group housing colonies violated Article 14 – Supreme Court affirmed, stating such policies must be rational, fair, and transparent – Cancellation of licences upheld as practice was not codified and lacked a legal ...
Recovery of Debts and Bankruptcy Act, 1993 – Section 25 – Recovery of Debts – Broad consensus between parties to resolve the matter – Appellants to deposit a further sum of Rs. 5 crores with DRT Jaipur – Respondent allowed to withdraw Rs. 5 crores along with pre-deposit of Rs. 1.53 crores and Rs. 25 lakhs with Recovery Officer – Withdrawal subject to final outco...
Privacy – Right to Privacy – Allegations of unauthorized surveillance using Pegasus spyware – Supreme Court addresses concerns over privacy infringement and the potential chilling effect on freedom of speech and press – Emphasis on reasonable expectation of privacy and the necessity for restrictions to pass constitutional scrutiny [Paras 27-36].
Surveillance and National...
Tenancy Act – Surrender of Tenancy – Mandatory Notice – Requirement of three months’ notice to the landlord and the Special Officer for a valid surrender – Surrender takes effect only after acceptance by the Special Officer, ensuring the surrender is voluntary and genuine – Failure to follow prescribed procedure invalidates the surrender – Findings of lowe...
Motor Vehicles Act – Compensation for Permanent Disability – The appellant, aged 21, suffered 69% permanent disability due to a motor accident resulting in severe cognitive dysfunction and restricted mobility – Tribunal awarded Rs. 574,320/- which was enhanced to Rs. 1,431,752/- by the High Court – Supreme Court held that the compensation awarded by the High Court did not r...
Evidence Act – Sections 91 and 92 – Partnership Agreement – Sections 91 and 92 of the Evidence Act apply when the document contains all terms of the contract – Written agreements are conclusively presumed to be the full and final statement of the parties' intentions – Oral evidence to contradict, vary, add to, or subtract from the terms of the document is excluded...