Environmental Law – Adjudicatory Functions – Role of NGT – The Supreme Court held that the National Green Tribunal (NGT) cannot abdicate its adjudicatory functions to administrative expert committees. While expert committees can assist the NGT in its fact-finding role, the ultimate adjudication must be by the NGT. Sections 14 and 15 of the NGT Act entrust adjudicatory functions t...
Taxation – Exemption Notification – Conditions for Eligibility – The Supreme Court held that while exemption notifications should be liberally construed, the beneficiary must fall within the ambit of the exemption and fulfill the conditions thereof. If any conditions laid down in the notification are not fulfilled, the application of the notification does not arise. The Court emp...
Consumer Law – Jurisdiction of Consumer Forums – Revisional Jurisdiction – The Supreme Court held that the NCDRC exceeded its jurisdiction under Section 21(b) of the Consumer Protection Act, 1986 by calling for and relying on an additional report from the respondent-bank during the pendency of the revision application. The NCDRC's revisional jurisdiction is limited and should...
Consumer Law – Delay in Possession – Non-compliance with ABA – Appellant failed to deliver possession of apartments in the promised state and time – NCDRC ordered refund with interest – Supreme Court upheld NCDRC’s decision based on breach of representation by the developer [Paras 1-26].
Building Plan Approval – Fire NOC Requirement – Appellant ar...
Constitutional Law – Reservation in Education – Constitutional validity of OBC and EWS reservation in AIQ seats – Permissibility under Article 15(5) – Reservation in postgraduate medical courses not prohibited – Reservation as a means to ensure substantive equality and address structural barriers faced by disadvantaged classes – Constitutional amendment and legi...
Civil Procedure – Maintainability of Suit – Suit challenging alleged partition as illegal and void, questioning lawfulness of compromise in earlier suit – Earlier suit still pending, no decree based on compromise – Held, subsequent suit not barred under Order XXIII Rule 3A CPC – Dismissal of suit by Trial Court for lack of jurisdiction set aside, suit restored for adj...
Service Law – Promotion Regulations – ESIC Recruitment Regulations 2015 vs. DACP Scheme – High Court erred in applying DACP Scheme over ESIC Recruitment Regulations 2015 for teaching cadre promotions – ESIC Recruitment Regulations 2015, being statutory, have precedence over DACP Scheme – Concession by appellant’s counsel before CAT irrelevant as legal position i...
Procedural History – Initial decree in favor of appellants required deposit of ₹ 9,214 minus 1/5th already deposited; appellants deposited ₹ 7,600 due to a clerical error, resulting in a shortfall of ₹ 14 – High Court’s earlier revision allowing deposit rectification was reviewed and recalled, leading to dismissal of the case – Current appeal challenges this dismissal...
Land Acquisition – Higher Compensation – BDA Act vs. 2013 Act – LA Act incorporated into BDA Act remains applicable – High Court erred in applying 2013 Act to BDA acquisitions – 2013 Act provisions not applicable where BDA Act governs acquisition – Repeal of LA Act does not affect ongoing BDA proceedings [Paras 1-24].
Legislation by Incorporation – Prov...
Civil Law – Specific Performance – Appeal from High Court judgment reversing concurrent findings of lower courts dismissing specific performance suit, but granting refund of earnest money with interest – Supreme Court reinstates trial court and first appellate court’s decree for specific performance, setting aside High Court judgment – Held, transactions post-temporar...