Injunction – Restraining Sale of Property – Appellants restrained from selling disputed property till further orders – Appeal against Single Judge's order in Original Suit for partition, declaration, and permanent injunction – Court maintaining status quo to protect property rights during litigation. [Para 1, 7, 8]
Property Rights – Sale of Property i...
Constitutional Law – Article 14 – Negative Equality – Supreme Court reiterates that Article 14 does not envisage negative equality but only a positive aspect – Relief granted to a few individuals inadvertently or by mistake does not confer any legal right on others to get the same relief – The principle of parity cannot be relied upon to perpetuate illegality or irreg...
Banking Law – Liability for Fraud – The Post Office, like a bank, can be held liable for fraud or wrongs committed by its employees – Such acts of fraud by employees during their course of employment are binding on the bank/post office at the instance of the person damnified by the fraud – Acts of bank/post office employees being within their course of employment give a rig...
Land Acquisition – Compensation for Injurious Affection and Severance – Supreme Court examined the legality of the award concerning the acquisition of a trolley line and related infrastructure – Held that the High Court erroneously denied compensation for rails and sleepers in the unacquired portion of land, affirming the Reference Court’s award under this head – Clar...
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...