Recovery mechanism under the 2003 Act and 2005 Code - Licensees empowered to disconnect electricity supply for non-payment - State Commissions authorized to frame regulations - Outstanding dues constituting a charge on assets - PVVNL considered a secured creditor. [Para 39-43]
Distinction between government dues and dues to secured creditors - Priority of clearance - Dues owed to PVVNL not cons...
Abolition of Post – UGC Tenth Plan – Appellant challenges the termination of his services as an Assistant Professor, arguing that the post was sanctioned and financially supported by the UGC under the Tenth Plan and should not have been abolished – Supreme Court finds termination illegal, noting that the University had the power to abolish a department but not a post sanctioned b...
Judicial Review - Scope of interference in disciplinary proceedings - The High Court exceeded its scope of judicial review by reappreciating the entire evidence as if it were a criminal trial - Judicial review is limited to evaluating the decision-making process and ensuring fairness - Interference is warranted only in cases of violation of natural justice, statutory rules, absence of evidence, pe...
Consumer Protection Act, 1986 - Section 23 - Civil Appeal - Challenge to the judgment and order of the National Consumer Disputes Redressal Commission - Insurance company repudiating the claim of the insured - Appellant alleging loss caused by malicious act - Burden of proof on insurer - Insurer failed to establish loss caused by malicious act - Surveyor's report opined loss due to insured per...
Medical Negligence – Allegations of medical negligence against a hospital and doctors – Patient undergoing neurosurgery suffers cardiac arrest and dies – Complaint filed by the wife of the deceased – Allegations mainly pertain to lack of post-operative care and failure to shift the patient to the Intensive Care Unit (ICU) – Hospital and doctors contend that post-opera...
Arbitration - Barred by limitation - Distinction between claims being barred by limitation and the application for appointment of an arbitrator being barred by limitation. [Para 52]
Cause of action - Determination of when a cause of action accrues - Cause of action arises when there is a person who can sue and another who can be sued, and when all the material facts have happened that are neces...
Company Law – Preferential Payments – Interpretation of Sections 529A and 530 of the Companies Act, 1956 – Application of Customs Act to government dues – Examination of conflict between Companies Act and Customs Act – Priority of government dues vis-à-vis other creditors – Determination of whether customs dues constitute preferential payments – Ana...
Rectification of GST Returns – Mechanism and Restrictions – Appellant challenges the High Court's decision allowing the rectification of Form GSTR-3B for past periods – Supreme Court emphasizes that the law permits rectification of errors and omissions only at the initial stages of Forms GSTR-1 and GSTR-3 but in a specified manner – Once Form GSTR-3B is submitted, any c...
Senior Advocate Designation – Withdrawal of Privilege – Petitioner challenges the withdrawal of his Senior Advocate designation by the Gujarat High Court, arguing that the decision was disproportionate and failed to consider his long-standing service and contributions – Supreme Court notes the petitioner’s history of transgressions and balances the need for maintaining deco...
Civil Suit - Property Dispute - Sale Deed and Reconveyance Agreement - Question of whether the transaction constituted an absolute sale or a mortgage - Appellant challenging the judgment and decree of the trial Court - High Court dismissing the appeal - Core issue pertains to the nature of the transaction - Sale Deed executed by the appellant's father followed by a Reconveyance Agreement on th...