Court Fees – Refund – Settlement of disputes outside court – Section 69A of Tamil Nadu Court Fees and Suit Valuation Act, 1955 and Section 89 of CPC – Court fees to be refunded even for private settlements without court intervention – Narrow interpretation of the provisions would lead to unjust outcomes – Equitable and purposive interpretation required to encour...
Partition Suit – Transfer of Suit – The partition suit pending in the Additional District Judge Saket Court, New Delhi is sought to be transferred to a competent court in Nainital, Uttarakhand – Original suit filed in 2012, later transferred in 2016 – Written statement filed by the petitioner without requiring letters of administration – Petitioner’s subsequent ...
Recruitment process - Equivalence of qualifications - Diploma in Art & Craft from Kurukshetra University and Diploma in Art & Craft from Haryana Industrial Training Department - Review petitions filed challenging the finding of non-equivalence of qualifications - Government of Haryana willing to accept Diploma from Kurukshetra University as an equivalent qualification - Kurukshetra Univers...
Raw Petroleum Coke (RPC) - Import and Allocation - Concerns raised by the Environment Pollution Control Authority (EPCA) regarding the highly polluting nature of calcined petroleum coke (CPC) - EPCA recommends allowing import of pet coke for use as feedstock, not as fuel - Exemptions given to industries should not negate efforts to control pet coke usage to prevent pollution caused by fugitive emi...
Civil Procedure – Auction Sale – Fraud and Misrepresentation – Allegations of fraud must be specifically pleaded and proved with evidence – Mere allegations without substantiation are insufficient – High Court erred by not following proper procedures under Order XLI Rules 27, 28, and 29 CPC in calling for additional evidence on fraud without setting aside the executin...
Mutual Fund Regulations – Winding Up of Schemes – Unitholder Consent – Regulation 18(15)(c) requires consent of the unitholders for winding up a mutual fund scheme – Consent by majority of the unitholders who participate in the poll is sufficient, not the consent of the majority of all unitholders of the scheme [Paras 6-9, 16-18].
Interpretation of Consent – Practi...
Classification and taxation of maize starch under the Tamil Nadu General Sales Tax Act - Appellant dealt in maize starch and claimed exemption based on an Exemption Notification - The Act was amended, and maize starch was moved to a different entry subject to a 4% tax rate - Commissioner issued a clarification stating maize starch was taxable - Appellant challenged the clarification and tax assess...
Delay in Reasoned Judgments – Violation of Article 21 – Operative orders pronounced without accompanying reasoned judgments prejudice the rights of aggrieved parties and impede their ability to seek legal remedies – Delay in delivering judgments violates Article 21 of the Constitution of India – NCDRC directed to ensure that reasoned judgments are passed along with operativ...
Insurance Law - Compensation assessment for permanent disability - Functional disability of appellant due to amputation of right lower limb - Loss of earning capacity - Assessment of compensation based on nature of work performed - Appellant working as a gunman - Unable to discharge duties after amputation - Services terminated - Tribunal assessed loss of earning capacity at 100% - High Court redu...
Pre-deposit Requirement – Waiver – Recovery of Debts Act – The High Court does not have the power to waive the pre-deposit requirement under Section 21 in its entirety – The provision mandates a pre-deposit of fifty percent of the debt due, which can be reduced to not less than twenty-five percent for reasons recorded in writing – The High Court’s order of total...