Corporate Law – NCLT Proceedings – Continuation Beyond 8th Stage – Future Retail Limited (FRL) granted liberty to approach High Court for continuation of NCLT proceedings beyond the Meeting of Shareholders and Creditors – High Court directed to consider contentions and pass appropriate order uninfluenced by present observations – Parties' submissions regarding the...
University Administration – Appointment of Vice-Chancellors – State of West Bengal’s appointment of 24 Vice-Chancellors in 2022 challenged – High Court found appointments invalid due to non-compliance with UGC regulations – Supreme Court constituted Search-cum-Selection Committees to ensure transparent and fair selection process – Directed to adhere to statutory...
Administrative Law – Regulations – Quashing of Regulations for Lack of Approval – Council of Architecture issued regulations without the Central Government's approval as mandated by Section 45(1) of the Architects Act – High Court quashed the regulations – Supreme Court emphasized the necessity of Central Government approval for regulations under Section 45(1) &nd...
Arbitration Law – Remand by Appellate Court – The Division Bench's power to remand under Section 37(1)(c) of the Arbitration Act – Held that the Division Bench was correct in remanding the matter for reconsideration as the Single Judge did not address several issues and provided inadequate reasoning – Appellate court can remand for fresh consideration when the lower cou...
Urban Planning – Reservation of Land – Lapsing of Reservation – Land reserved under Development Plan for public purposes not acquired for over ten years – Owners issued purchase notice under Section 127 of MRTP Act – No steps taken for acquisition within one year – Reservation deemed to have lapsed – High Court erred in directing acquisition post-lapse &nd...
Civil Procedure Code 1908 (CPC) - Commercial Suits - Time Limit for Filing Written Statement and Consequences of Default: Strict timelines for filing a written statement are mandated, with a maximum of 120 days allowed from the date of service of summons. Beyond this period, the defendant forfeits the right to file the written statement, and no court can extend this time.
Commer...
Income Tax – TDS – Applicability of Section 206C – Assessee engaged in the manufacture and sale of arrack – Auctioning of retail vending rights by the state government – Assessing officer held that income tax should have been collected at source from the liquor vendors – High Court upheld the assessing officer’s decision – Supreme Court quashed the o...
Insurance Law – Theft of Vehicle – Repudiation of Insurance Claim – Delay in Intimation: When the complainant lodged the FIR immediately after the theft and the police, after investigation, arrested the accused and filed a challan, the insurance company could not repudiate the claim solely based on the delay in notifying the insurance company of the theft. The Supreme Court held ...
Property Law – Condonation of Delay – Trial and High Court allowed condonation of delay for a restoration application filed by a non-party to the original proceedings (P & S Nirman Pvt. Ltd.), citing an unregistered Agreement for Sale and Power of Attorney from 2009 with the deceased original plaintiff’s legal heirs – The Supreme Court found no legal basis to entertain ...
Banking Law – Removal from Service – Appeal Against Removal: The appellant, a branch officer, sanctioned a loan limit of Rs. 150,000, later reduced to Rs. 75,000. There was no financial loss to the bank; the decision was in the bank's interest. The appellant had an unblemished service record for 28 years. The punishment of removal for the charges proved was found to be too harsh an...