Contract Law – Tender Process – Uniform Bidding – GST Rates – High Court directed the appellant to clarify GST rates and HSN codes in the tender document to ensure fair competition – Supreme Court held that no statutory or public duty exists requiring the appellants to indicate the HSN code – Bidder's responsibility to quote correct GST rate [Paras 1-48].
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FACTS: Indus Towers Ltd. Appealed against the resolution (No. 7) of the Grampanchayat of Chikhalhol, which directed the company to halt the construction of a mobile tower, responding to objections raised by local villagers concerning health effects of the tower’s radiation.
ISSUES & RULINGS:
1. Whether the Grampanchayat, after issuing a No Objection Certificate...
Judgment Writing – Incomprehensible Language – The High Court's judgment affirming the CGIT's order was found to be incomprehensible – Supreme Court emphasized the importance of clarity and accessibility in judgment writing – Highlighted the need for judgments to be written in a manner that is understandable to all stakeholders, including the parties involved and th...
Lease Agreement and Dispute – Plaintiffs (lessors) filed suit for recovery of khas possession and mesne profit due to defendants’ (lessees) failure to vacate property post-lease expiry – Lease initially granted for 30 years with renewal clause for 21 years – Dispute over whether lease renewal was properly exercised [Paras 1, 2].
Application under Order XII Rule...
Mutual Funds – Winding Up – SEBI Regulations – FIFA sought commission for mutual fund distributors from the date of winding-up notices – Court held that Regulation 52 applies only when the scheme is in operation and not after the winding-up notice – Commission payment is not an expense connected with winding up under Regulation 41(2)(b) [Paras 1-9].
Regul...
Land Acquisition – Compensation – The Union of India sought reduction of compensation, while the Company sought enhancement – Supreme Court upheld compensation for the land acquired, modifying the Reference Court’s award to Rs.19 per square feet – Compensation for severance of land awarded at Rs.9.5 per square feet for land on the eastern side, excluding statutory ben...
Partition Suit – Ancestral Property – High Court dismissed the plaintiff's claim that properties at villages Pirangut and Nande were joint family ancestral properties – Supreme Court held that the property at Pirangut was indeed ancestral based on evidence including a written memorandum of settlement and mutation records – The property at Nande was held as self-acquired...
Constitutional Law – Right of Persons with Disabilities – The downgrading of seniority of a physically disabled candidate transferred to his home district was held to be arbitrary, unreasonable, and discriminatory – Supreme Court emphasized that any rule or executive instruction affecting seniority of disabled persons, when transferred for their benefit, would violate Articles 14...
Industrial Disputes – Retrenchment – Principle of law that re-employment of retrenched workmen does not entitle them to claim continuity of service applies only to bona fide retrenchments – The retrenchment followed by an offer of re-employment on new terms and conditions found not bona fide – Tribunal and High Court set aside retrenchment orders and reinstated employees wi...
Urban Development – Building Plan Sanction – Fire Safety Regulations – Appellant purchased property and applied for building plan sanction – Initially sanctioned for 15 meters height – Later amendments to Master Plan allowed 17.5 meters with stilt parking – Revised plan submitted but not sanctioned due to lack of fire clearance – High Court dismissed appel...