Motor Vehicles Act – Compensation – Motor accident resulting in the death of the deceased, Hari Ram – Appellants, the claimants (wife, son, and mother of the deceased), challenged the initial compensation awarded by the Motor Accident Claims Tribunal – High Court increased the compensation from Rs. 433,000 to Rs. 655,000, correcting the age of the deceased from 60 to 50 yea...
Constitutional Law – Writ Jurisdiction – High Court’s jurisdiction under Article 226 of the Constitution – Statutory remedy of appeal under Section 46(1) of the MP VAT Act, 2002 – High Court entertained a writ petition against the Assessment Order denying Input rebate despite availability of statutory appeal – Supreme Court held High Court’s decision unsus...
Co-operative Society – Redevelopment Project – Appellant Society’s administrative building in dilapidated condition – Decision to demolish and rebuild through a joint venture with a developer – General Body of Society approved the project – Respondent member objected and initiated litigation – High Court restrained the redevelopment citing lack of provisio...
Central Excise Act – Classification of Goods – Product manufactured by appellant described as Modified Vapour Absorption Chillers (MVAC) – Appellant claimed classification as heat pumps under Heading 84.18 for concessional excise duty – Assistant Commissioner of Central Excise negated the claim – Commissioner (Appeals) upheld appellant’s classification – C...
Company Law – SEZ Compliance – Appellant-CWC challenged the High Court's order directing compliance with SEZ requirements or relocation – Appellant-CWC, a statutory corporation, sub-leased land within SEZ from respondent-APSEZL for warehousing – High Court's directions required CWC to either obtain SEZ approval or relocate – Supreme Court emphasized the need f...
Insolvency Law – Pre-Existing Dispute – Standard for assessing pre-existing disputes under IBC cannot be equated with preponderance of probability principle used by civil courts – NCLAT erred in concluding no dispute within IBC's meaning – NCLT's admission of insolvency application set aside by Supreme Court [Paras 1-10].
Dispute Definition – Mobi...
Motor Vehicles Act – Enhancement of Compensation – Death of a child aged 12 years in an accident – Tribunal awarded Rs. 150,000 – High Court enhanced to Rs. 200,000 – Supreme Court determined Rs. 500,000 as just compensation – Tribunal/Court can award compensation exceeding claimed amount if justified – Enhanced amount to carry 7% interest from claim petit...
Wealth Tax Act – Valuation of Shares – Respondent-assessee gifted shares under a lock-in period – Shares listed and quoted on stock exchanges but restricted from trading – Tribunal/Court must determine if such shares are "quoted shares" – Supreme Court affirmed shares under lock-in are not "quoted shares" due to lack of regular market transactions ...
Classification of Employees as Workmen – Industrial Disputes Act, 1947 – Section 2(s) – Interpretation by Industrial Tribunal – Challenge in High Court – High Court upholds Tribunal’s classification of certain employees as ‘workmen’ under the Act. Tribunal found that these employees primarily performed manual, skilled, and unskilled work, contrary to...
FERA – Limitation – Reasonable Period – Show cause notices issued in 2002 for transactions from 1992-1993 – Supreme Court held such delay unreasonable – Proceedings must be initiated within a reasonable period when no statutory period is prescribed – Eight-year record preservation limit under Banking Companies Rules supports unreasonableness of delayed notices &...