Taxation – State Sales Tax – Silk Fabrics – The Supreme Court addressed the question of whether the Delhi Government was authorized to levy a state sales tax on silk sarees, considering the provisions of the Delhi Sales Tax Act, 1975, the Additional Duties of Excise (Goods of Special Importance) Act, 1957, and the interplay with the Constitution of India. The primary issue was th...
Railways Act, 1989 – Interpretation – Section 106(3) – Distinction between Overcharge and Illegal Charge – The Supreme Court undertook a detailed analysis of Section 106(3) of the Railways Act, 1989, delineating the conceptual distinction between an 'overcharge' and an 'illegal charge.' An 'overcharge' is defined as any sum charged in excess of...
Land Acquisition and Railway Employment Policy – Petitioners claim employment as a right following land acquisition by Railways – Question of policy application in granting jobs for land acquired for railway projects – Monetary compensation deemed primary, employment secondary and conditional – Review of Railway employment policy implications. [Paras 1, 2, 4, 8, 16-17]
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Challenge to EC Notifications - Exemption for Extraction of Ordinary Earth – Appeals against the National Green Tribunal’s decision on the exemption for extraction, sourcing, or borrowing of ordinary earth for linear projects - Impugned notification and amended impugned notification dated 28th March 2020 and 30th August 2023, respectively, under scrutiny - EC exemptions granted by thes...
Legal Validity of Employee Transfers - Standing Orders under Industrial Employment (Standing Orders) Act, 1946 - Challenge to transfer of employees by M/s. Divgi Metal Wares Ltd. under Clause 20 of the Standing Orders - Clause included transfers within company's establishments across India - High Court judgment set aside by Supreme Court, ruling transfers valid. [Paras 1, 2.1-2.8, 3-17]
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Appeal Against Tribunal's Award – Appeal filed by ICICI Lombard Motor Insurance against award dated 22.7.2009 by Third Additional Judge to First Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 50/2009 – Challenge to compensation amount awarded for death in a road accident. [Para 1]
Factual Background – Respondents/claimants sought compensati...
Eviction Suit – Rent Arrears and Mesne Profits – Order XV-A CPC Application - Court dismissed the petitioner's appeal against the Trial Court's rejection of an application under Order XV-A CPC for deposit of arrears of rent and user charges by the respondent. The court examined the relationship between landlord and tenant and the applicability of Order XV-A in cases where the t...
Insurance Law – Consumer Protection – Insurance Claim Repudiation – challenge against the National Consumer Disputes Redressal Commission's decision, which upheld the repudiation of an insurance claim by SBI General Insurance Company Limited due to alleged fraudulent and exaggerated claims by M/s. Kozyflex Mattresses Private Limited. The apex court delved into the factu...
Criminal Law – Custom Law- Misuse of Warehousing Facility - Confiscation and Duty Imposition - Appellant accused of misusing warehousing facility by not properly storing imported machinery - Confiscation, duty, and penalty imposed on 27 missing cases and 264 cases found outside the warehouse - Imposition based on Sections 111, 112, and 71 of Customs Act. [Paras 2, 7, 8, 9, 10, 11, 15]
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Education Law – Admission to Medical Courses – Children of Government Employees – entitlement of children of government employees who studied outside the State of Maharashtra to admission in medical courses under the Maharashtra State quota. The case revolved around the interpretation of specific clauses in the NEET UG-2023 Information Brochure relating to domicile requirements a...