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...
Waqf Act – Jurisdiction of Civil Court – Suit for Permanent Injunction – High Court’s decision that civil courts can entertain suits for permanent injunction even if they pertain to waqf properties challenged – Supreme Court holds that as per Section 85, any dispute related to waqf properties falls within the exclusive jurisdiction of Waqf Tribunals – High Court...
Industrial Disputes Act, 1947 – Termination of Daily Wagers – Appellants employed on daily wage basis terminated without compliance with Section 25F – Industrial Tribunal declared termination void and ordered reinstatement with 50% back wages – High Court set aside the Award, holding appointments were irregular and not entitled to protection under Section 25F – Suprem...