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 ...
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...
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...
Delayed Judgment Delivery – Timeliness and Judicial Conduct – Article 227 of the Constitution of India – Judgment Set Aside - The appellants contended that the judgment of the High Court dated 1st March, 2023, dismissing their petition, was issued without reasons and that reasons were provided more than a year later, violating judicial discipline. The Supreme Court held that a de...
Corporate Insolvency - Initiation of CIRP – Application under Section 7 of the IBC – Acknowledgment of Debt in Balance Sheet – Validity of Application Confirmed – The appellant challenged the initiation of CIRP on the grounds that the Section 7 application was barred by limitation, and the debt owed to UCO Bank was not specifically acknowledged in the Corporate Debtor's...
Criminal Law – Copyright Infringement – Registration Requirement – The primary issue in this revision application was whether the registration of copyright is mandatory prior to initiating criminal prosecution under the Copyright Act, 1957 – The applicant was accused of duplicating books published by Relx India Pvt. Ltd. without authorization – The trial court framed ...
Civil Procedure – DNA Test – Dispute over parentage – Petitioner challenges trial court order permitting DNA test to determine if respondent is the daughter of Harphool Singh – Petitioner contends respondent consistently claimed to be the daughter of Shiv Dayal in previous litigations – Supreme Court precedents establish DNA test not to be ordered routinely, only when...
Service Law – Transfer – Allegation of Insubordination – Transfer Quashed – The petitioners, Assistant Managers in different branches of Indian Overseas Bank, challenged their transfer orders issued after a review meeting where one of the petitioners raised issues regarding UPI transaction delays – The bank alleged that the petitioners committed acts of insubordinatio...