Regulation of Fee – Private Unaided Educational Institutions – Articles 14, 19(1)(g), 30(1) – Vires of Section 87 of the Punjab Re-Organisation Act, 1966 – Notification extending Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016 to Chandigarh challenged – Requirement for schools to disclose income, expenditure, and balance sheet on website –...
Medical Termination of Pregnancy – Beyond 24 Weeks – Genetic Defect – Section 3(2)(ii) of the MTP Act – Petitioner sought termination of pregnancy at 24 weeks and 5 days due to genetic defect in fetus – Previous child with similar disorder – Permanent Medical Board confirmed fetus likely affected by Metachromatic Leukodystrophy, a neurological disorder – C...
Multiple Punishments – Concurrent or Consecutive Sentences – It is legally obligatory upon the Court of first instance to specify in clear terms whether the sentences would run concurrently or consecutively when awarding multiple punishments of imprisonment. Section 31(1) CrPC vests complete discretion with the Court to order the sentences for two or more offences at one trial to run c...
Pension Parity – Private Aided Colleges vs. Government Employees – Articles 14 and 311 – Petitioners, retired teachers from private aided colleges, claimed parity in pension calculation with government employees – Court held teachers of private aided colleges cannot claim parity due to different service conditions and recruitment methods – Non-transferable posts and d...
Insolvency and Bankruptcy – Approval of Resolution Plan – Whether approval of a resolution plan for a corporate debtor under the Insolvency and Bankruptcy Code, 2016 (IBC) discharges personal guarantors of their liabilities – Supreme Court held that the approval of a resolution plan does not discharge personal guarantors of their liabilities under the contract of guarantee &ndash...
Insolvency and Bankruptcy Code – Approval of Resolution Plan – The Supreme Court emphasized that Section 30(4) of the IBC amplifies the considerations for the Committee of Creditors (CoC) in exercising their commercial wisdom to approve a resolution plan. This includes the viability and feasibility of the plan and ensuring fairness in distribution among similarly situated creditors. Ju...
Recovery of Excise Revenue – Arrears of Land Revenue – Punjab Land Revenue Act, 1887 – Section 98 – Petitioner contended that with the abolition of land revenue by the Punjab Land Revenue (Abolition) Act, 1997, recovery of excise revenue as arrears of land revenue is not permissible – Court held that under Section 98 of the Punjab Land Revenue Act, 1887, arrears of la...
Levy and Assessment of Cess – The Supreme Court examined whether the UPPTCL could levy and collect labor cess under the Cess Act, 1996, without undertaking a proper assessment and issuing an order for such levy and assessment. The High Court found that in the absence of any order for levy and assessment under the Cess Act, the recovery could not be made pursuant to an audit objection by the ...
Fraud and Nullity – Tribunal Orders – Article 226 of Constitution – Constitutional Court's Duty – Petitioner alleged fraud in obtaining tribunal orders for plot allotment – Court held that orders obtained by fraud are nullity and non-executable – Duty of every court to declare such orders null and void – Mere omission to disclose insignificant facts do...
Contractual Interpretation – Transfer of Business – The Supreme Court held that the agreement between the appellant and the respondent was intended to transfer the business rather than create a lease or license for the respondent to conduct business. The document's language was clear and unambiguous, and the intent was for the respondent to continue the existing business of the sta...