Challenge to EC Notifications - Exemption for Extraction of Ordinary Earth – Appeals against the National Green Tribunal’s decision on the exemption for extraction, sourcing, or borrowing of ordinary earth for linear projects - Impugned notification and amended impugned notification dated 28th March 2020 and 30th August 2023, respectively, under scrutiny - EC exemptions granted by thes...
Service Law – Higher Pay-Scale – Delay and Laches – The Supreme Court examined the issue of delay and laches in the appellants' claim for higher pay-scale benefits under the Scheme of Higher Grade Scale. The Court noted that while the appellants were initially granted the higher pay-scale of Rs. 5000-8000/-, the benefit was later withdrawn and revised to Rs. 4500-7000/- by th...
Service Tax – Manpower Recruitment or Supply Agency – Secondment of Employees – The Supreme Court examined whether the secondment of employees from group companies abroad to the respondent constituted a "manpower recruitment or supply agency service" under Section 65(68) read with Section 65(105)(k) of the Finance Act, 1994. The Court held that the secondment agreement,...
Taxation – State Sales Tax – Silk Fabrics – The Supreme Court addressed the question of whether the Delhi Government was authorized to levy a state sales tax on silk sarees, considering the provisions of the Delhi Sales Tax Act, 1975, the Additional Duties of Excise (Goods of Special Importance) Act, 1957, and the interplay with the Constitution of India. The primary issue was th...
Railways Act, 1989 – Interpretation – Section 106(3) – Distinction between Overcharge and Illegal Charge – The Supreme Court undertook a detailed analysis of Section 106(3) of the Railways Act, 1989, delineating the conceptual distinction between an 'overcharge' and an 'illegal charge.' An 'overcharge' is defined as any sum charged in excess of...
Medical Negligence – Deficiency in Service – The Supreme Court reviewed the case where the NCDRC had dismissed the appeal of the complainant and allowed the appeal of the doctor and the hospital, holding that no medical negligence was proved. The Supreme Court, after examining the evidence, medical records, and the report of the ethics committee of the Medical Council of India (MCI), c...
Rathyatra: Permission to carry deity on a chariot – Urgency – Short notice for instructions – Delay in communication – Modification of earlier order sought – Petitioner seeking to carry deity physically – Purpose and significance of Rathyatra – Historical practice observed for centuries – Police interference with religious practice – Sensitivit...
Insolvency and Bankruptcy – Moratorium – Section 14(1)(c) of the IBC – Any action to foreclose, recover, or enforce any security interest created by the Corporate Debtor is prohibited once the CIRP is initiated and a moratorium is ordered – Proceedings under the SARFAESI Act cannot continue during the moratorium period – Appellant Bank's continued proceedings unde...
Decree Execution – Dispute over Execution of Compromise Agreement – Civil Appeal against the High Court’s decision allowing objections under Section 47 CPC, claiming the decree was inexecutable and void – The High Court set aside the executing court’s decision, allowing the objections, which stemmed from the alleged joint ownership of property and lack of participatio...
Insolvency and Bankruptcy – Jurisdiction – National Green Tribunal (NGT) does not oust the jurisdiction of High Courts under Articles 226 and 227 of the Constitution – The power of judicial review remains intact and unaffected by the NGT Act – High Courts' prerogative to exercise writ jurisdiction continues [Paras 12-15].
Tribunal Location – Bench Est...