Review Proceedings – Scope and Ambit – Distinction from an Appeal: Review proceedings are not by way of an appeal and must be strictly confined to the scope and ambit of Order 47 Rule 1 of the Civil Procedure Code (CPC). An erroneous decision cannot be corrected through a review, as review jurisdiction is limited and should not be used as an appeal in disguise. (Para 5, 7).
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Taxation Law - Customs Law – Import Regulations – Obscenity – issue of whether the import of body massagers, perceived as adult sex toys, contravened the Customs Act, 1962, and the Indian Penal Code. The Court evaluated the interpretation of the term 'obscene' and its applicability to the imported goods under Customs Notification No. 1/1964-Customs. [Para 2, 4-6, 11...
Labor Law – Appropriate Government Determination – Autonomous Bodies – whether Tata Memorial Centre (TMC), an autonomous body, falls under the purview of the Central or State Government for the purposes of the Industrial Disputes Act, post-amendment of 2010. The Court scrutinized the administrative and financial control exerted by the Central Government over TMC. [Paras 2-3, 19-2...
Service Law – Selection Criteria – The Board of Examiners altered the selection criteria by introducing interviews and merit-based assessments not prescribed by the statutory rules. The eligibility and procedure for promotion from Class-IV to Class-III positions, as per the Executive Council’s rules, emphasized seniority and passing departmental tests without mandating interviews...
Court Fees – Suit Valuation – Nature of relief decisive for suit valuation – Market value of property involved in litigation not decisive for suit valuation – Plaintiff entitled to value the relief of injunctions and damages separately – High Court erred in considering market value for determining suit valuation [Paras 1-15].
Injunctions – Sui...
Civil Law – Presumption of Marriage – Long cohabitation between a man and a woman raises a presumption of marriage under Section 114 of the Evidence Act – The High Court erred in denying partition of property based on the legitimacy of the plaintiff – Sufficient evidence of long cohabitation and recognition of the relationship by society supports the presumption of marriage...
Common Issues in Two Petitions – Consolidated Order – Common Issue regarding the validity of the selection process for LPG distributorship – Facts primarily drawn from CWP-9511-2018. [Para 1]
Selection Process for LPG Distributorship – Advertisement and Guidelines – Indian Oil Corporation Ltd. (Corporation) Advertisement (2013) – Withdrawal and reissue of adv...
Civil Procedure – First Appeal – Scope and Duty of First Appellate Court – Section 96 CPC provides for filing an appeal from a decree passed by a court of original jurisdiction – Order 41 Rule 31 mandates that the judgment of the appellate court must state points for determination, decisions thereon, and reasons for decisions – Appellate court’s failure to compl...
NEET-PG Counselling – Conduct of Special Stray Round – Petitioners sought a Special Stray Round of counselling for the remaining 1456 vacant seats after NEET-PG-2021 counselling rounds – Supreme Court held that the admission process must have an endpoint and must adhere to a strict schedule – Emphasized that any deviation could compromise medical education standards and pub...
Insolvency Law – Withdrawal of CIRP – The appellant sought to withdraw the Corporate Insolvency Resolution Process (CIRP) of Siva Industries under Section 12A of the IBC after the Committee of Creditors (CoC) approved a settlement plan with a 94.23% majority – NCLT and NCLAT rejected the withdrawal application and directed liquidation – Supreme Court emphasized the paramoun...