Constitution of India – Extension of Limitation – Article 142 – COVID-19 pandemic led to initial extension of limitation period by Supreme Court from 15.03.2020 – Significant improvement in pandemic situation and lifting of lockdown – Courts and Tribunals functioning normally – Extension of limitation ended [Paras 1-2].
Limitation Period – Computation &...
Judicial discretion - Exercise of - Observations against judicial officer - Cancellation of bail - High Court making adverse observations against appellant, a judicial officer, regarding exercise of discretion in a criminal petition related to cancellation of bail - High Court directing appellant to undergo training at Judicial Academy - Supreme Court setting aside directions and expunging observa...
Employee State Insurance Act – Wages – Section 2(22) ESI Act – Travelling Allowance – Conveyance Allowance – Definition of wages excludes travelling allowance – Conveyance Allowance is akin to travelling allowance – High Court and ESI Court rightly excluded Conveyance Allowance from wages [Paras 11-30].
Service and Labour Laws – Definition of Wage...
Consumer Law – National Consumer Disputes Redressal Commission (NCDRC): Appellant challenging the decision of the NCDRC which dismissed his complaint against the respondent for an alleged defect in a drug. NCDRC held that there was no evidence of defect or negligence on the part of the manufacturer. [Para 1]
Medical Negligence – Vaccine Administration: Appellant claimed to have an a...
Probationary Employment – Discharge of Probationary Constable – Respondent Jaswant Singh discharged from Punjab Police during probation under Rule 12.21 of Punjab Police Rules, 1934 (PPR) – Discharge challenged on grounds of violation of principles of natural justice. [Para 1, 5]
Appellate Proceedings – First Appellate Court and High Court – Both courts upheld the ...
Central Excise – Classification – Electrical Relays – Chapter 85 vs. Chapter 86 – Relays manufactured by the appellant solely for railway signaling equipment – Approved classification list reclassified under Chapter 86 – Revenue's invocation of Note 2(f) of Section XVII unjustified – 'Sole or principal use' test under Note 3 overlooked – ...
Income Tax Act – Deduction under Section 80 IA – Market value of electricity – Distinction between market value and contracted price – Assessee’s right to claim higher deduction based on market value as against contracted sale rate to State Electricity Board – Tribunal and High Court’s view upheld. [Para 15-34]
Depreciation on Assets – Written Dow...
Civil Appeal – Breach of Provisions of the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 – Challenge against the High Court's dismissal of appeal regarding the sale transaction and eviction order – Remand for fresh consideration on facts and law. [Para 2, 17]
Property Law – Partition and Sale of Ancestral Agricultural Land – Disput...
Electricity Supply Agreement - Reduction in maximum demand - Delay in processing application - Unilateral amendment of contract - Whether arbitrary and unreasonable - Appellant's entitlement to refund of excess amount paid - Consideration of.
Constitution of India, Article 14 - State actions in contractual matters - Principles of fairness, reasonableness, and non-arbitrariness to be upheld ...
Arbitration – Appointment of Arbitrator – Prima Facie Test – The Supreme Court held that a deeper consideration of whether an arbitration agreement exists between the parties must be left to an arbitrator who is to examine the documentary evidence produced before him in detail after witnesses are cross-examined. The Court set aside the Delhi High Court's judgment insofar as i...