Land Acquisition – Section 5A of the Land Acquisition Act – Compliance with Procedure – Objections Dismissed – The respondents challenged the acquisition of their land, asserting that their objections under Section 5A were not duly considered and that similarly situated lands were exempted from acquisition – Held: The State Government complied with the mandatory proce...
Service Law – Pay Discrepancy – Appellant, an Artificer III in the Indian Navy, challenged the lower grade pay granted to Artificers I, II, and III, compared to the non-technical Chief Petty Officers, despite their technical competence and relative ranks – The appellant contended this was discriminatory, arguing that Artificers of Class III and above should receive the same grade...
Civil Writ - Mandamus – Admitted Liability – Subsidy Dispute – The petitioner sought reimbursement of Rs. 154.52 crores from the respondents for the procurement of RBD Palmolein Oil under the Public Distribution Scheme (PDS) – The petitioner contended that despite the Central Government having released the subsidy amount to the 2nd respondent, PEC Ltd., the latter failed to...
Taxation Law – Retrospective Cancellation of GST Registration – Validity of Show Cause Notice – The petitioner challenged the cancellation of his GST registration, arguing that it was cancelled with retrospective effect without valid reasons or proper notice – The court found that the Show Cause Notice issued on 06.02.2024 lacked essential details, such as the officer's...
Service Law – Disciplinary Proceedings – Admonition – The appellant, an Airman in the Indian Air Force, was charged with insubordination and violation of good order after an incident at a railway crossing – The appellant was admonished and later sought quashing of the Admonition, arguing the proceedings were flawed due to lack of proper sanction under Section 83 of the Air ...
Arbitration Clause – Applicability of Arbitration and Conciliation Act, 1996 – Public Premises Act, 1971 – The appellant raised a question whether the Public Premises Act overrides the Arbitration Act – Held: The dispute arises from the lease agreement containing a valid arbitration clause, covering issues of storage charges and lease renewal – The Public Premises Act...
Excise Law – Exemption Notification – Rebate Claim on Exported Goods – The petitioner challenged the rejection of their rebate claim on biscuits exported out of India – The petitioner had voluntarily paid excise duty on the goods exported, arguing that since the biscuits did not bear a retail sale price in rupees, they were not covered by the exemption notification – ...
Insolvency Law – Corporate Insolvency Resolution Process (CIRP) – Appellant challenged the settlement approved by the NCLAT under Rule 11 of the NCLAT Rules, 2016, which set aside the CIRP initiated against the Corporate Debtor under Section 9 of the Insolvency and Bankruptcy Code (IBC) – The appellant, a financial creditor, raised concerns about the legality of the settlement an...
Trade Marks Law – Opposition to Registration – The appellant, "M/s Abbott GmbH," opposed the registration of the mark "MEBUFEN" by respondent No.2, "M/s Meridian Medicare Ltd.," on grounds of deceptive similarity with their mark "BRUFEN" – The Registrar of Trademarks dismissed the opposition and granted registration to "MEBUFEN" &...
Workman Classification – Definition under Section 2(s) of the Industrial Disputes Act – Employee Not a Workman – The employee, who was employed as a Junior Engineer and later promoted to Assistant Engineer, claimed to be a “workman” under Section 2(s) of the I.D. Act. The management contended that he performed supervisory duties and earned more than the salary thresho...