Writ - Constitutionality of Minimum Qualifying Marks in Viva Voce – Judicial Recruitment – Writ Petition challenging Bihar and Gujarat Rules prescribing minimum marks in viva voce for judicial posts – Held, prescribing minimum marks is permissible and does not violate fundamental rights or judicial precedents – Prescriptions aligned with ensuring meritocracy and efficiency ...
Amendment Application Dismissal – Specific Performance Plea – Limitation Issue – The plaintiff’s application for amendment to include a specific performance plea was dismissed by the Trial Court. The proposed amendment was found to change the suit's nature, introduce a new cause of action, and was barred by limitation under Article 54 of the Limitation Act, 1963. [Paras...
No Confidence Motion and Membership Validity - Appellant No. 1, Sudhir Vilas Kalel's membership in the Jambulani Gram Panchayat and the validity of a No Confidence Motion against the Sarpanch, Appellant No. 2, Sushila Sitaram Kalel, under scrutiny - Issue centered around the validity of Sudhir's caste certificate and subsequent eligibility as a Panchayat member - Reliance on Maharashtra Vi...
Motor Vehicles - Taxation - Financier-in-Possession - U.P. Motor Vehicles Taxation Act, 1997 - Financier took possession of vehicle upon default in loan payment - Liability to pay tax - Supreme Court upheld High Court's decision - Financier-in-possession considered "owner" under Section 2(h) of Act 1997 and Section 2(30) of Act 1988 - Tax payable even if vehicle not used, unless exem...
Income Tax – Deduction under Section 37(1) – Pharmaceutical companies' gifting freebies to doctors is "prohibited by law" and cannot be claimed as a deduction under Section 37(1) – Expenditure incurred by pharmaceutical companies for such freebies is inadmissible under the Income Tax Act – Court emphasizes the principle that no entity should benefit from an ac...
Rajasthan Panchayati Raj Act – Suspension and Removal – Sarpanch suspended under Section 38(1) pending inquiry into allegations of misconduct and criminal proceedings – Suspension based on prima facie case of "disgraceful conduct" established through preliminary inquiry – Distinction between suspension due to criminal proceedings and suspension pending inquiry emp...
Consumer Protection – Definition of Consumer – Appellant a stock-broker, availed overdraft facility from the respondent bank for his business transactions – Overdraft facility deemed to be for 'commercial purpose' – Services availed not exclusively for earning livelihood by means of self-employment – National Consumer Disputes Redressal Commission's decisi...
Constitutional Law – Scheduled Tribes – Notification by State of Bihar recognizing Lohar community as Scheduled Tribes quashed – Previous Supreme Court judgments consistently held Lohars as Other Backward Classes (OBC) and not Scheduled Tribes – Notification issued without basis and contrary to authoritative English version of Presidential Order under Article 342 – No...
Securities Law – Disclosure of Investigation Report – Right to Disclosure – SEBI’s investigation report under Regulation 9 of the PFUTP Regulations must be disclosed to the person against whom a show cause notice is issued – Report is not merely an internal document but forms the basis for SEBI’s action under Regulations 11 and 12 – Non-disclosure of relev...
Commercial Appeal – Suit for recovery of dues – Dismissal of suit by the Commercial Court on the grounds of limitation and existence of an arbitration agreement – Appellant challenges the impugned order – Jurisdiction of the court to entertain the suit not affected by the existence of an arbitration agreement – Suit barred by limitation for certain claims, but not all...