Administrative Law – Jurisdiction – Appeal against High Court of Uttarakhand’s dismissal of writ petition challenging Labour Court's award – Respondent's termination deemed illegal by Labour Court with reinstatement and back wages ordered – Writ petition originally filed in High Court of Allahabad – Post-creation of State of Uttarakhand, jurisdiction tra...
Family Law – Divorce on Grounds of Cruelty – Appeal against High Court’s order setting aside the decree of divorce and allowing the wife’s petition for restitution of conjugal rights – Marriage remained unconsummated and parties lived separately since the wedding day – Wife repeatedly filed cases against the husband, including criminal complaints and RTI queries...
Civil Appeal arising out of Special Leave Petition (Civil) No. 3543 of 2019 – Appellant: Y.P. Lele – Respondents: Maharashtra State Electricity Distribution Company Ltd. & Others – Appellant aggrieved by the Bombay High Court’s judgment dated 27.06.2018 in Civil Writ Petition No. 1488 of 2015 – Order passed under Order IX Rule 13 CPC setting aside an ex parte decr...
Taxation Law – Refund of Unutilised Input Tax Credit – Challenge to Section 54(3) – Appellant contested the constitutional validity of Section 54(3) of the CGST Act, which restricts refund to unutilised ITC on inputs in cases of inverted duty structure – Gujarat High Court held the exclusion of input services from refund as ultra vires – Madras High Court upheld the e...
Arbitration Law – Interim Measures – Appeal against High Court’s order directing Commercial Court to adjudicate applications under Section 9 of the Arbitration Act post-constitution of an Arbitral Tribunal – Court’s power to entertain applications under Section 9(1) once the Tribunal is constituted – Supreme Court held Section 9(3) restricts court's role unl...
Municipal Law – Demolition of Building – Appeal against demolition order under Section 322 of Karnataka Municipal Corporations Act, 1976 – Building demolished within three days of notice – High Court held demolition lacked statutory notice period – Supreme Court upheld High Court’s finding but modified compensation amount – Notice served on 6.1.1995; demol...
Insolvency Law – Limitation for Appeals – Appellant sought to file an appeal beyond the 45-day period allowed under Section 61(2) of the IB Code – NCLAT dismissed the appeal, holding it lacked jurisdiction to condone delay beyond 15 days – Supreme Court upheld NCLAT's decision, emphasizing the strict statutory limits on condoning delay in insolvency proceedings [Paras 1...
Arbitration Law – Appointment of Arbitrator – Appeal against High Court’s order appointing an arbitrator other than the Chairman as per the distributorship agreement – Supreme Court held that the High Court correctly applied Section 11 and Section 14 of the Arbitration and Conciliation Act, 1996 – Chairman deemed ineligible under Section 12(5) read with Seventh Schedu...
Railway accident – Compensation – Bona fide passenger – Burden of proof – Claimants filed claim petition seeking compensation for death of deceased in untoward incident – Initial burden on claimants to prove deceased was a bona fide passenger – Claimants established deceased’s status as bona fide passenger [Para 18] – Burden shifted to Railway Admini...
Motion of No-Confidence – Democratic Principles – Section 28 of the Uttar Pradesh Kshettra Panchayat and Zila Panchayats Act, 1961, ensures that an elected representative can only stay in power as long as they enjoy the support of the majority of the elected members. Once such a person loses the majority's confidence, they become unwanted. The Supreme Court upheld the High Court...