Environmental Law – Establishment of Wood-Based Industries – Appeal against NGT’s order quashing state notice for establishing new WBIs – NGT overstepped its jurisdiction by interfering with the expert assessment of the Forest Survey of India (FSI) – Supreme Court held that the estimation of timber availability by FSI was based on scientific methods and could not be l...
Tax Deduction at Source (TDS) – Commission and Brokerage – Supplementary Commission – Travel agents earning amounts over the Net Fare set by airlines – Section 194H of IT Act mandates TDS on such amounts if principal-agent relationship exists – Supplementary Commission to be included for TDS deduction [Paras 1-19].
Principal-Agent Relationship – Ana...
Right to Education – Eligibility for Admission under EWS Category – Involves petition for admission of a child, Jiya, under the Economically Weaker Section (EWS) category in a specific school for academic year 2023-24. High Court holds that right to education under Article 21A of the Constitution and Section 12 of the RTE Act entitles a child only to free and compulsory educa...
Criminal Law – Sentencing – Review Petition – Modification of Sentence – Appeal challenging the sentence of life imprisonment for offences under Sections 376(2)(i) and 376(2)(m) IPC and Sections 5(i) and 5(m) read with Section 6 of POCSO Act – Supreme Court modified the sentence to rigorous imprisonment for 20 years for each of these offences, to align with the senten...
Electricity Tariff – Concessional Rates – Respondent industrial unit started commercial production on March 26, 1995, and sought concessional tariffs based on the Government Order (GO) dated February 6, 1992 – Dispute over whether the benefit period should start from the date of commercial production or the date of energisation – High Court initially ruled in favor of comme...
Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 - Conviction - Sentence - Reduction of sentence - Petitioner convicted for offense of adulteration of khoya - Petitioner, aged more than 70 years, had already suffered incarceration for a short period and had no criminal antecedents - Deficiency in milk fat content found to be only 0.5% - Petitioner's conviction maintained bu...
Municipal Law – Shifting of Crematorium – Appeal against the High Court’s refusal to modify an earlier order directing the shift of a crematorium at Village Masoodpur to Kishangarh – The crematorium at Masoodpur has been in existence for over 100 years – Residential colonies in Vasant Kunj came into existence post-1990 – Supreme Court held that mere subsequent s...
Legitimate Expectation – Gender Discrimination – Women officers in the Indian Air Force who were inducted as SSCOs between 1993 and 1998 – Appellants were not considered for PC despite initial policy assurances – Appeals challenged the exclusion from PC and sought pensionary benefits [Paras 1-33].
Policy Implementation – Supreme Court examined the policy ...
Education – Appointment of Vice Chancellor – Appeal against the legality of appointment – The appointment of Dr. Rajasree M.S. as Vice Chancellor of APJ Abdul Kalam Technological University was challenged for non-compliance with UGC Regulations and the University Act – Supreme Court held that the Search Committee was not duly constituted as per UGC Regulations and that only...
Execution of Decree – Dismissal for Default – Second Execution Petition – High Court held second execution petition not maintainable due to dismissal of first petition for default and lack of transfer under Section 39 CPC – Supreme Court overturned, stating mere dismissal for default does not preclude fresh execution petition if within limitation period – Second execu...