Taxation – Interest on Delayed Refunds – Section 56 of CGST Act – Supreme Court held that interest at the rate of 6% per annum applies unless covered by the proviso to Section 56 – Proviso applies where refund arises from an order passed by adjudicating authority or court – In present case, no such order existed, hence 6% interest rate applies – High C...
Family Law - Transfer Petition - Divorce Petition Transfer - Section 25 CPC - Transfer petition by petitioner-wife seeking transfer of divorce petition from Muzaffarpur, Bihar to Ranchi, Jharkhand - Parties, trained commercial pilots, married on 07.07.2021 and registered under Uttar Pradesh Marriage Registration Rules, 2017 - Subsequently, differences arose, and legal proceedings ensued - Held, tr...
Medical Negligence – Post-Operative Care – Patient's Death – Supreme Court held that mere inability to save a patient does not constitute medical negligence – A medical practitioner is not liable for errors of judgment or choosing one reasonable course of treatment over another – Duty of care requires medical protocol to be followed with reasonable skill and compe...
Applicability of Penalty Provision – Appeal by Pernod Ricard challenging the application of an outdated penalty provision after its amendment in 2011 – The case focuses on whether to apply the rule extant at the time of violation (2009-10) or the rule effective when penalty proceedings were initiated in 2011 [Paras 1-2.1, 11].
Penalty for Excess Loss of Liquor – Inte...
Jurisdiction of Special Courts – Insolvency and Bankruptcy Code (IBC) – Legislative intent – Held – Offences under the IBC should be tried by Special Courts established under Chapter XXVIII of the Companies Act, despite subsequent amendments to the Companies Act not affecting this provision. It is a case of legislation by incorporation, not legislation by reference. The Spe...
Criminal Law – Custom Law- Misuse of Warehousing Facility - Confiscation and Duty Imposition - Appellant accused of misusing warehousing facility by not properly storing imported machinery - Confiscation, duty, and penalty imposed on 27 missing cases and 264 cases found outside the warehouse - Imposition based on Sections 111, 112, and 71 of Customs Act. [Paras 2, 7, 8, 9, 10, 11, 15]
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Constitutional Law – Fundamental Rights – Right to Fair Trial – Interpretation of Procedural Laws – Court examined the applicability of Section 5 of the Limitation Act, 1963, in appeals against acquittal under Section 378 of the Criminal Procedure Code (CrPC). The Court distinguished between special laws with explicit limitations and procedural laws with inherent flexibilit...
Specific Performance and Execution Proceedings – Rejection of Application to Deposit Balance Sale Consideration – Petitioner's challenge against the order of the Executing Court, which dismissed his application for depositing balance sale consideration in a specific performance case. [Paras 2, 5-6]
Closure of Execution Proceedings – Executing Court closed executi...
Insurance Law – Consumer Protection – Insurance Claim Repudiation – challenge against the National Consumer Disputes Redressal Commission's decision, which upheld the repudiation of an insurance claim by SBI General Insurance Company Limited due to alleged fraudulent and exaggerated claims by M/s. Kozyflex Mattresses Private Limited. The apex court delved into the factu...
Constitutional Law – Administrative Arbitrariness – Judicial Review – The Supreme Court reviewed the decision of the High Court regarding an appeal by the appellant for a primary school teacher position. The Court examined the administrative actions of the Pt. Deendayal Upadhyaya Institute for the Physically Handicapped in their recruitment process and the arbitrariness of their ...