Deemed Export Benefit – Delay in Refund of Duty Drawback – Entitlement of Interest – M/S. B. T. Patil and Sons’ claim for duty drawback under the ‘deemed export’ scheme was eventually accepted by the DGFT, but there was a considerable delay in the refund – The respondent sought interest on the delayed refund. [Paras 2.4-2.11, 28-29]
High Court...
Insolvency Law – Resolution Professional Fees – Reasonableness and Basis – The Supreme Court held that both the adjudicating authority (NCLT) and the appellate authority (NCLAT) must consider the basis and reasonableness of the fees and expenses claimed by the Resolution Professional (RP) – Orders passed in an ad hoc manner without providing reasons for determining the fees...
Land Law – Scheduled Caste Land Transactions – Applicability of Local Laws – The Supreme Court held that an individual who is a Scheduled Caste member in Punjab cannot claim the benefit of Scheduled Caste status in Rajasthan for the purpose of purchasing land allotted to a Scheduled Caste person in Rajasthan – The sale transaction was in violation of Section 42 of the Rajas...
Foreign Trade Policy – Terminal Excise Duty Refund – Applicability – The Supreme Court held that the policy circular dated 15.03.2013 issued by the DGFT, clarifying that no refund of TED should be provided for supplies from DTA to EOU as such supplies are ab initio exempted from payment of excise duty, was valid – Refund claims for TED were inadmissible under the FTP as the...
Employment Law – Departmental Inquiry – Representation by Retired Employee – The Supreme Court held that there is no absolute right for an employee facing departmental proceedings to be represented by a retired employee of the bank as his DR – Regulation 44 of the Rajasthan Marudhara Gramin Bank (Officers and Employees) Service Regulations, 2010, does not specifically permi...
Arbitration Law – Termination of Mandate – Section 12(5) of the Arbitration Act – The Supreme Court held that the originally constituted Arbitral Tribunal, a Stationery Purchase Committee comprising officers of the respondent, had lost its mandate by operation of law under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996 – A fresh a...
Election Law – Disqualification of Panchayat Members – Appealability: The Supreme Court held that no remedy of appeal is envisaged against an order of the State Election Commission or its delegatee (the Collector) under Section 14B(1) rejecting the complaint or dropping proceedings for the declaration of a Sarpanch/Member having incurred disqualification. Such an order becomes final an...
Service Law – Dismissal – Respondent driver dismissed for causing an accident resulting in four deaths due to rash and negligent driving – Industrial Tribunal ordered reinstatement without back wages but with continuity of service, citing disproportionate punishment – High Court dismissed writ petition challenging Tribunal's order and directed back wages and retiral ben...
Contractual Dispute – Bank Guarantees – Challenging of Single Judge’s Judgment on Bank Guarantees – Appellant challenges the judgment of the learned Single Judge regarding the stay of invocation of advance and performance bank guarantees. Dispute involves supply contracts and bank guarantees provided by respondent no.1 to the appellant. Single Judge restrained invocation/en...
Service Law – Assured Career Progression (ACP) Benefits – Respondents refused offered regular promotions due to personal reasons – Subsequently, ACP benefits were wrongly granted and later withdrawn based on clarificatory O.M. dated 18.7.2001 – Tribunal upheld withdrawal of ACP benefits, but High Court reversed the decision, restoring ACP benefits – Supreme Court held...