. Punjab Police Rules, 1934 - Review of orders - Power of review conferred on superior authorities - The power of review under Rule 16.28 of the Punjab Police Rules, 1934 empowers superior authorities, such as the Inspector-General, Deputy Inspector-General, and Superintendent of Police, to call for and review the records of awards made by their subordinates, and confirm, enhance, modify, or annul...
Tax Dispute – Classification of service tax – Appeals arising from service tax demands – Four Show Cause Notices issued – Adjudication challenged before Customs, Excise and Service Tax Appellate Tribunal (CESTAT) – CESTAT passes remand order – Commissioner re-adjudicates based on remand order – Classification, liability, and valuation issues considered &nd...
SARFAESI Act – Sale Notice Compliance – Appellants challenged the validity of the Second Sale Notice for not adhering to the statutory requirement of a 30-day notice period – Supreme Court held that the notice violated Rules 8(6) and 9(1) of the Security Interest (Enforcement) Rules, 2002, mandating a clear 30-day notice for sale of immovable property – Court emphasized com...
Land Acquisition – Compensation Assessment – Appellants sought higher compensation based on later acquisitions – High Court upheld Reference Court's award – Supreme Court modified compensation to Rs. 28.12 per square yard – Appeals partly allowed [Paras 1-15].
Land Valuation – Comparison with Subsequent Acquisitions – Claim for higher compensation b...
Arbitration – Extension of Time – Arbitrator's Mandate – Sole Arbitrator continued arbitration proceedings and passed the award within the extended period – High Court set aside the award citing misconduct as Arbitrator continued post-retirement – Supreme Court held Arbitrator's mandate valid until proceedings conclude, absent contrary provision – Extens...
Equating Party to Suit with a Witness – Analysis Under CPC and Indian Evidence Act – The Supreme Court concluded that there is no fundamental difference between a party to a suit and a witness for the purpose of evidence. Both are treated similarly in the context of producing evidence, either documentary or oral. Emphasized that the party to a suit, when acting as a witness, is subject...
Service Law – Judicial Appointments – Criminal Antecedents – Candidate involved in multiple criminal cases acquitted, but not honorably – High Court allowed writ petition for appointment to Civil Judge post – Supreme Court emphasized the importance of judicial officers’ integrity and public confidence – Found committee's decision to deny appointment ba...
Air Commodore NK Sharma’s Appeal – Challenge against non-acceptance of promotion to Air Vice Marshal (AVM) despite being qualified – Promotion Board recommendation not accepted by Ministry of Defence – Filing of statutory appeal under Section 27 of Air Force Act, 1950. [Paras 3-6]
Tribunal’s Direction for Policy Formation – Armed Forces Tribunal directed form...
Civil Procedure – Reduction of Compensation – Appellate Power – High Court reduced compensation awarded by Tribunal in an appeal filed by the claimant seeking enhancement – High Court construed functional disability at 20% instead of 50% assessed by Tribunal without cross-objection or appeal from Insurance Company – Supreme Court held High Court erred in exercising Or...
Factual Aspects: Appellant, an entity selling country liquor under the label "Tango Punch," filed a suit claiming copyright infringement and passing-off against the respondent, who sold country liquor under the label "Two Punch Premium." The appellant alleged that the artistic label on their liquor bottles was copyrighted, and they sought a permanent injunction against the resp...