Contempt of Court – Non-Compliance with Court Orders – Refund of Lease Rent – The petitioners alleged that NOIDA did not comply with the Supreme Court's directions to refund the lease rent for the remainder period after the plot is sold. The Supreme Court held that the one-time lease rent paid by the petitioners represents the entirety of the lease period, and thus, the compo...
Customs Law – Recovery Proceedings – Proper Officer under Section 28(4) – The Supreme Court examined whether the Directorate of Revenue Intelligence (DRI) had the authority to issue a show cause notice under Section 28(4) of the Customs Act, 1962, for recovery of duties not paid. The Court held that the power of recovery under Section 28(4) must be exercised by "the proper o...
Negotiable Instruments Act – Dishonour of Cheque – Presumption under Section 139 – The appellant challenged the High Court's judgment convicting her under Section 138 of the Act. The Supreme Court emphasized that the appellant failed to rebut the presumption under Section 139 that the cheques were issued for consideration. The complainant provided sufficient evidence that the...
Unauthorized Construction – Regularization – Rule 12(4) – Petitioners constructed houses on Gram Panchayat land – Claim for regularization under Rule 12(4) rejected by Deputy Commissioner – Court held concept of co-sharer does not apply to unauthorized occupation – Rule 12(4) applies to sale of land up to 200 sq. yards only – Petition dismissed [Paras 1-11...
nsolvency Law – Jurisdiction – Section 60(5)(c) IBC – NCLT/NCLAT has jurisdiction to stay the termination of PPA – The termination was solely due to the initiation of CIRP against the Corporate Debtor – NCLT/NCLAT's intervention necessary to preserve the value of the Corporate Debtor and ensure its status as a 'going concern' [Paras 1-48].
Residuary Jur...
Constitution of India – Extension of Limitation – Article 142 – COVID-19 pandemic led to initial extension of limitation period by Supreme Court from 15.03.2020 – Significant improvement in pandemic situation and lifting of lockdown – Courts and Tribunals functioning normally – Extension of limitation ended [Paras 1-2].
Limitation Period – Computation &...
Employee State Insurance Act – Wages – Section 2(22) ESI Act – Travelling Allowance – Conveyance Allowance – Definition of wages excludes travelling allowance – Conveyance Allowance is akin to travelling allowance – High Court and ESI Court rightly excluded Conveyance Allowance from wages [Paras 11-30].
Service and Labour Laws – Definition of Wage...
Central Excise – Classification – Electrical Relays – Chapter 85 vs. Chapter 86 – Relays manufactured by the appellant solely for railway signaling equipment – Approved classification list reclassified under Chapter 86 – Revenue's invocation of Note 2(f) of Section XVII unjustified – 'Sole or principal use' test under Note 3 overlooked – ...
Arbitration – Appointment of Arbitrator – Prima Facie Test – The Supreme Court held that a deeper consideration of whether an arbitration agreement exists between the parties must be left to an arbitrator who is to examine the documentary evidence produced before him in detail after witnesses are cross-examined. The Court set aside the Delhi High Court's judgment insofar as i...
Consumer Protection – Delay in Possession – Compensation – The Supreme Court upheld the NCDRC's decision that the appellant was liable to pay compensation for the delayed handing over of possession of a residential unit. The Court noted that the delay was not justified under the force majeure clause, and the compensation rate stipulated in the contract was one-sided and const...