Land Ceiling Act - Interpretation of 'Vacant Land' - Challenge to calculation of 'excess vacant land' - Appellants' claim of exclusion of certain area from 'vacant land' rejected by Competent Authority - High Court upheld the decision - Appellants contend procedure for calculating 'excess vacant land' is contrary to Section 2(q)(i) and 2(q)(ii) read with Buildin...
Employment in Lieu of Land Acquisition – Eligibility Criteria – Eastern Coalfields Limited (Appellant) denied employment to Anadinath Banerjee (Respondent) on the basis that his landholding was less than the required 2 acres – Supreme Court found that the respondent’s claim, supported by affidavits from relatives, was insufficient to establish landholding over 2 acres &ndas...
Civil Appeal - Dispute over recovery of deductions in monthly tariff under the Electricity Act, 2003 - Matter traveled from Regulatory Commission to Appellate Tribunal and to the Supreme Court - Judgment delivered in Nabha Power Limited v. Punjab State Power Corporation Limited - Relief granted regarding washing cost of coal and Gross Calorific Value of coal. [Para 1-2]
Contempt Proceedings - R...
Limitation Act - Condonation of delay in filing an appeal - Challenge to the High Court's order condoning a delay of approximately 479 days in presenting an appeal from the decision of the Reference Court under the Land Acquisition Act, 1894 - Central issue: whether sufficient cause was shown for the delay in filing the appeal. [Para 1-2]
Factual Background - The case originates from a land...
Income Tax Act, 1961 - Section 4A(b) - Control and management of company - Determination - Principles of law - Control and management must be de facto and not merely theoretical - Domicile or registration of the company irrelevant - Determining factor is where the sole right to manage and control lies. [Para 8]
Income Tax Act, 1961 - Section 147/148 - Reassessment - Escaped income - A...
Constitutional Law – Ratification Requirement – Article 368(2) – Supreme Court held that the Constitution (97th Amendment) Act, 2011, which introduced Part IX-B regarding co-operative societies, is ultra vires the Constitution of India for want of requisite ratification by half of the State legislatures under Article 368(2) proviso – The judgment of the High Court is upheld...
Contempt Petition - Reinstatement of petitioners and similarly situated members of Bharatpur Bar Association - Undertaking given by respondents' counsel - No obstruction on petitioners or similarly situated members acting as legal defense counsel - Coercive action warned for future incidents - Disposal of petitions - No impediment on the work of legal defense counsel.
Constitution of India, 1950 – Schedule V, Para 5(1) – Power of Governor to direct application of Acts to Scheduled Areas – Governor not authorized to enact new Act, but only to direct that a particular Act shall not apply to a Scheduled Area or shall apply with exceptions and modifications specified in the notification – Governor’s power limited to applicability, modi...
Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - Patent illegality - Appeal against judgment and order passed by High Court setting aside arbitral award - Whether interference by High Court in findings and conclusions of arbitral award sustainable - Held, no - Mere errors on merits of the case do not amount to patent illegality - Narrow scope of patent illega...
Arbitration – Power to Modify Arbitral Award – Section 34 of Arbitration Act – Supreme Court held that Section 34 does not confer any power to modify an arbitral award – The provision only allows for setting aside the award on specific grounds, reflecting a deliberate legislative policy of minimal judicial intervention – Judgments modifying awards by courts under Arti...