Constitutional Law – Writ Jurisdiction – Maintainability Against Privatized Entity – Appeals filed challenging the High Court of Bombay's decision to dismiss writ petitions against Air India Limited (AIL) due to its privatization – Supreme Court examined whether AIL, post-privatization, remains amenable to writ jurisdiction under Article 226 of the Constitution – ...
Arbitration and Conciliation - Termination of Arbitral Proceedings - Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 - Arbitral Tribunal's Order Terminating Proceedings - Appeal Against High Court’s Decision Setting Aside Termination - Held: The power under Section 32(2)(c) can be exercised only if the continuation of the proceedings has become unnecessary or impossible - ...
Constitutional Law - Civil Law – Review Petition under Article 31A – Land Reserved for Common Purposes – Vesting of Management and Control – Doctrine of Stare Decisis – Challenge to the judgment allowing the Civil Appeal of the State of Haryana and setting aside the Full Bench judgment of the High Court of Punjab and Haryana – Petitioner contends the judgment co...
Constitutional Law – Writ of Mandamus – Petition under Articles 226 and 227 of the Constitution of India seeking a Writ of Mandamus to direct the Chief Electoral Officer and the Regional Commissioner to consider the petitioner's representation for implementing free bus services for voters and increasing the number of polling booths – Respondents opposed the petition stating s...
Excise Law – Confiscation Order – Seizure of Black Jaggery and Alum – Writ Petition – The petitioner, operating a proprietary business under the name "New Lucky Kirana and General Stores" with valid trade and tax licenses, challenged the confiscation order and seizure of black jaggery and alum by the Excise authorities. The petitioner contended that mere possessio...
Civil Law – Dissolution of Partnership Firm – Appeal against High Court’s judgment which set aside the trial court’s decision dissolving a partnership firm and directing the rendition of accounts – Supreme Court upheld the dissolution of the firm and confirmed that the suit was not barred by limitation despite no plea of limitation being raised initially – It wa...
Income Tax Law – Appeal against ITAT order – Submission of Audit Report – High Court dismisses Revenue's appeal challenging ITAT's decision to allow assessee's exemption under Section 11 of Income Tax Act despite late filing of audit report in Form 10B – Tribunal's reliance on CBDT Circulars clarifying deadlines for returns accepted – No substantial qu...
Land Acquisition - Authority to Hear Objections - Civil Appeal against High Court's dismissal of writ petitions - High Court dismissed the petitions as infructuous after passing of final award - Appellants contended that objections under Section 15 of the Act of 2013 should have been heard by the Collector, not the SDO - Supreme Court held that the Collector cannot delegate the hearing of obje...
Customs Law – Burden of Proof – Seizure of Gold and Currency – Voluntariness of Statements – Section 123 of Customs Act – Appeal by Revenue challenging CESTAT order which reversed confiscation of gold and Indian currency from respondent – Tribunal held the seized gold to be made from old jewellery and not smuggled – Tribunal accepted respondent’s ret...
Municipal Corporation – Regularization of Employees – Appeals against High Court’s decision granting regularization of service from the date of merger – Issue of whether employees of the erstwhile Gram Panchayat, merged with Solapur Municipal Corporation, should be treated as regular employees from the date of merger or from the date of their formal regularization by the Co...