Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 14 – Possession of Secured Asset – Supreme Court held that the District Magistrate and Chief Metropolitan Magistrate as mentioned in Section 14 of the SARFAESI Act include Additional District Magistrate and Additional Chief Metropolitan Magistrate – This interpreta...
Thika Tenancy – Definition and Scope – Interpretation of ‘thika tenant’ under the Calcutta Thika Tenancy Act, 1949, and subsequent statutes – Supreme Court held that the term 'any structure' includes both kutcha and pucca structures – The Court examined legislative amendments and their retrospective effect, and the implications on tenancy and landlord...
Constitutional Law – Legislative Competence and Repugnancy – Challenge to the constitutional validity of Sections 4(7) and 4(8) of the Kerala Motor Vehicles Taxation Act, 1976, and Section 8A of the Kerala Motor Transport Workers Welfare Fund Act, 1985 – Appellant contended that the amendments were repugnant to the Motor Vehicles Act, 1988, a Central legislation, and thus invalid...
Taxation Law – Service Tax – Exemption Notification – Mega Exemption Notification:Service tax exemption under the Mega Exemption Notification applies to services provided by way of conduct of any religious ceremony. The Supreme Court held that this exemption is specific to services directly involving the conduct of religious ceremonies and does not extend to auxiliary services fa...
Arbitration Agreement – Absence – Section 11(6) of the Arbitration and Conciliation Act, 1996: The Supreme Court held that there was no valid arbitration agreement between the parties. Clause 15 of the Contract Agreement, titled "Settlement of Disputes/Arbitration," did not constitute an arbitration agreement as it lacked the essential attributes of such an agreement as ...
Consumer Protection – Insurance Claim – IMT 47 – Exclusion Clause: The Supreme Court held that the exclusion clause under IMT 47 of the insurance policy did not apply as the loss was due to a landslide causing the vehicle to fall into a deep ditch, and not due to the overturning of the vehicle while being used as a tool. The insurer was directed to pay the compensation as th...
Service Law – Rejection of Candidature – Use of Different Languages in Application and OMR Sheet: The Supreme Court upheld the rejection of the respondent’s candidature for using different languages in the application form (English) and the OMR answer sheet (Hindi), which violated the advertisement instructions. This was deemed a significant procedural requirement intended t...
Arbitration Law – Appointment of Arbitrator – Territorial Jurisdiction – Section 11(6) of the Arbitration and Conciliation Act, 1996: The Supreme Court held that the High Court of Orissa at Cuttack lacked jurisdiction to entertain the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator since the respondent-claim...
Maintenance Allowance – Non-payment – Breach of Protection Order – Interpretation and application of Section 31 of the Domestic Violence Act – Whether non-payment of maintenance allowance amounts to economic abuse and breach of a protection order under the DV Act – Principles of purposive interpretation and mischief rule applied – Objective of the DV Act to prov...
Public Trusts – Misappropriation of Government Properties – Inquiry through Economic Offences Wing: The Supreme Court held that there was no warrant to direct an inquiry through the Economic Offences Wing of the State Government as there was no finding of mens rea on the part of the trustees. The High Court did not record any finding based on material that the alienation made by t...