Medical Education – Eligibility Criteria – Equivalence Certificate – The requirement for equivalence in qualification is not limited to the level of a 10+2 requirement but extends to the ‘standard and scope’ of the examination, ensuring that candidates have studied Physics, Chemistry, and Biology including practical tests in these subjects along with English – E...
Consent Decree – Mesne Profits – Correction of Typographical Error – Appeal against the High Court's order held that the mesne profits payable are to be increased by 10% every year – The Trial Court awards a 10% increase only on each alternate year i.e. 01.04.2011, 01.04.2013, 01.04.2015, and so on – The original terms of the license agreement between parties also...
Sale deed - Nature of transaction - Burden of proof - Admissibility of parol evidence - Inter-se dispute between co-defendants - Order VIII Rule 6A CPC - Validity of sale deed executed by defendant against co-defendant - Sale deed registered and executed by defendant not in dispute - Presumption of genuineness - Extent of property described in sale deed - Inconsistency in defendant's stand - E...
Civil Procedure – High Court's Power in Second Appeals – Section 100 CPC – Section 103 CPC – High Court's duty to either remand the matter or decide issues of fact when lower appellate courts have failed to properly determine them – High Court erred in mechanically upholding trial court judgment without proper assessment of evidence – Case remanded for f...
Land acquisition - Deemed lapse of acquisition - Challenge by subsequent purchaser - Locus standi - Compensation not paid/tendered - Appeal against High Court's declaration of deemed lapse of acquisition - Applicability of earlier decision in Manav Dharma Trust case - Held, subsequent purchaser has no locus to challenge the acquisition and pray for deemed lapse of acquisition - Decision in Man...
Quashing of Government Orders establishing Anti Land Grabbing Special Cells in Tamil Nadu - High Court's decision to set aside the orders - Lack of guidelines for selecting land grabbing cases - Potential for abuse and misuse of power - Suggestions for enacting legislation with clear definitions - Supreme Court upholds High Court's decision. (Para 1-8) Formation of 36 Anti Land Grabbing Sp...
Constitutional Law – Right to Marry – Petitioners married without the consent of the woman's family – Woman's father filed a missing person complaint – Police demanded the woman to appear at the police station despite her informing them of her marriage and feeling threatened – Supreme Court held that the consent of family or community is not required once two ...
Classification of goods - Central Excise Tariff Act, 1985 and Central Sales Tax Act, 1956 - Pan masala and gutkha - Whether pan masala with tobacco comes under Chapter 24 or Chapter 21 of the Central Excise Tariff Act, 1985 - Whether pan masala and gutkha are "declared goods" under the Central Sales Tax Act, 1956 - Held, pan masala and gutkha are classifiable under Chapter 21 of the Cent...
Constitutional Law – Right to Salary and Pension – COVID-19 pandemic led to financial crisis in Andhra Pradesh – State deferred payment of salaries and pensions – High Court ordered payment with 12% interest – Supreme Court upheld the payment of deferred salaries and pensions but scaled down interest to 6% – Salaries and pensions are rightful entitlements for se...
Statutory Interpretation - Fiscal Legislation - Plain meaning of words - Legislative intent - Classification of talcum powder as a cosmetic product - Scope of interpretation. (Para 48)
Legislative Intent - Talcum powder containing medication - Classification as cosmetics - Proportion of medication - Irrelevance - Clear legislative intent to treat all talcum powders with medication as cosmetics ...