Constitutional Law – Proportionality Analysis – Clause 2(iii) of MTT Guidelines prohibiting MTTs for PPE products – Prohibition aimed at ensuring sufficient domestic stock during COVID-19 pandemic – Measure enacted in legitimate state interest of public health and safety – Court applied four-pronged proportionality test to determine validity – Found suitable, ne...
Advocates Act, 1961; Section 35 – Professional Misconduct – Advocate A-1 failed to disclose conflict of interest as his wife claimed rights over the property in dispute – Bar Council of Maharashtra and Goa suspended A-1's license for two years and reprimanded A-2, his son and junior colleague, with an undertaking for future conduct.
Conflict of Interest – ...
Civil Procedure – Impleadment in Execution Proceedings – Order XXI, Rule 97 and Rule 101 CPC – All questions including right, title, or interest in property arising in execution proceedings to be determined by the Executing Court – Separate suit not required – BDA's applications for impleadment and obstruction dismissed by Executing Court and High Court set aside ...
Insurance Law – Mediclaim Policy – Repudiation – Insured sought mediclaim policy for travel abroad – Insured disclosed diabetes mellitus but not hyperlipidaemia – Suffered heart attack abroad and claimed under policy – Insurance company repudiated citing non-disclosure of hyperlipidaemia – NCDRC upheld repudiation – Supreme Court held policy repudiat...
Income Tax – Recalling of Earlier Order – Section 254(2) of Income Tax Act – Powers under Section 254(2) limited to rectifying mistakes apparent from record – ITAT’s jurisdiction does not extend to re-hearing appeals on merits – High Court’s affirmation of ITAT’s recalling order erroneous – Detailed submissions on merits by parties does not con...
Tax Law – Pre-deposit Requirement – Appellant deposited amounts under protest before the assessment order – Contended that these should be adjusted against the pre-deposit required under Section 26(6A) of the MVAT Act for filing an appeal – Supreme Court held that the plain language of the statute requires a deposit of 10% of the disputed tax liability in addition to any am...
Civil Appeal - Property Rights - Petitioner claims joint family property/Hindu Undivided Family (HUF) property was mortgaged by petitioner's father as a guarantor - Father as Karta of HUF had the right to mortgage HUF property - No legal necessity or betterment of the estate established - Impugned judgment upheld - Special leave petitions dismissed.
Sexual Misconduct – Disciplinary Proceedings – Allegation of sodomy by respondent, a Head Constable in BSF – Commandant directed preparation of additional RoE to clarify the date of incident – SSFC found respondent guilty and demoted him – High Court quashed disciplinary proceedings and reinstated respondent – Supreme Court held Commandant had jurisdiction to or...
Civil Appeal – Termination from service of probationary Judicial Officer – Lack of confirmation in service – Initiation of departmental inquiries – High Court’s decision not to proceed with inquiries and discharge the appellant – No provision for deemed confirmation – Dismissal of Writ Petition under Article 226 of the Constitution upheld. [Para 1-4]
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Land Acquisition Dispute - Contempt Proceedings - Fresh Demarcation Ordered - Disposition of Special Leave Petition - Allegation against respondent Authority for utilizing land without proper acquisition process, including the construction of a bus stand - Previous proceedings led to the quashing of acquisition proceedings but allowed for compensation or possession restoration - Contempt initiated...