Import of Guns for Entertainment Purposes - Petitioner's claim that imported guns, which do not release a projectile, should not be classified as "firearms" under Section 2(e) of the Arms Act, 1959, thus negating the need for a license [Paras 1-2].
Exemption Under Arms Rules, 2016 - Reference to exemption notification dated 18.07.2016 for “firearm replicas”, with the a...
Insolvency Law – Operational Creditor – Advance Payment – Supreme Court held that an advance payment for goods or services that remains unpaid due to contract termination constitutes an operational debt under the IBC – The appellant, having made an advance payment for light fittings which were not delivered after the project termination, qualifies as an operational creditor...
Transfer of Right to Use vs. License to Use – Contracts with ONGC and IOCL for hiring vehicles – Assessment of whether contracts entail transfer of right to use goods or merely grant a license to use, impacting tax liability under Sales Tax Act, VAT Act, and Finance Act – Examination of key contractual clauses and control over vehicles. [Paras 2, 22-42]
Legal Interpretation of...
Service Law – Selection Grade – Clean Record Requirement – The respondent, who was compulsorily retired and faced 19 charge-sheets during his service, sought Selection Grade benefits – Supreme Court held that employees are entitled to Selection Grade only if their service record is satisfactory, which implies an unblemished record – The respondent's multiple disci...
Challenge Against Auction Sale Notice – Borrower’s application in DRT under SARFAESI Act against auction notice by UCO Bank – Interim DRT order allowing auction with conditions – Conditions unmet by Borrower – Auction completed and sale confirmed in favor of appellant [Paras 3.3, 3.5, 3.6, 10].
Restoration of Securitization Application – Dismissal b...
Labour Law – Industrial Disputes Act – Contractors’ Workmen – The respondent Union representing workmen engaged by contractors claimed wages and service conditions at par with ONGC employees – Supreme Court upheld the Tribunal’s award, as modified by the High Court, finding that the settlement of 19th September 2016 did not bind the respondent workmen and that t...
Easementary Rights – Dispute over 20ft. wide road in land Survey No.57 Hissa No.13A/1 owned by Ramani's, claimed by Gala's under easement – Gala's (appellants) claimed easementary rights over the road which is part of respondents' property – Suit filed for declaration of easementary rights and for permanent injunction – Original suit decreed but overturned b...
Service Law – Premature Retirement – Entire Service Record Consideration – Supreme Court held that an order of premature retirement must consider the entire service record, including both adverse and positive entries, up to the time of retirement – Recent reports are given more weight but do not exclude earlier records – The High Court’s decision to ignore recor...
Curative Petition – Invoked under Article 142 – Addressing miscarriage of justice in arbitral award interpretation – Overlooking of vital evidence and erroneous contractual interpretation leading to an undeserved financial burden on DMRC – Curative petition maintainable and allowed. [Paras 30-72]
Arbitral Award Review – Patently Illegal – Incorrect ...
Labour Law – Section 33(C)(2) of Industrial Disputes Act – Jurisdiction of Labour Court – Supreme Court held that the Labour Court under Section 33(C)(2) cannot adjudicate disputes regarding entitlement or the basis of the claim of workmen – The Labour Court's jurisdiction is limited to interpreting the award or settlement on which the claim is based, akin to the jurisd...