Taxation Law - Customs Law – Import Regulations – Obscenity – issue of whether the import of body massagers, perceived as adult sex toys, contravened the Customs Act, 1962, and the Indian Penal Code. The Court evaluated the interpretation of the term 'obscene' and its applicability to the imported goods under Customs Notification No. 1/1964-Customs. [Para 2, 4-6, 11...
Service Law - Armed Forces – Medical Fitness –Misdiagnosis HIV and Dismissal - Appeal against the dismissal of the appellant from the Indian Army due to a misdiagnosis of AIDS - Medical report wrongly diagnosed neuro tuberculosis as AIDS defining illness, leading to discharge under Rule 13 (3) of the Army Rules, 1954 - Incorrect application of medical guidelines and overlooking of CD4 ...
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...
Service Law – Promotion and Service Matters – The petitioner sought promotion to the post of Chief Law Officer/Inspector General in BSF. The High Court examined the criteria for promotion, recruitment rules, petitioner’s medical category, and procedural delays in framing recruitment rules. [Para 2-4, 30-32]
Promotion Eligibility – held – eligibility for p...
Taxation Law – Income Tax Act – Section 148 Reassessment – The High Court of Delhi adjudicated the validity of reassessment proceedings initiated against Seema Gupta under Section 148 of the Income Tax Act, 1961. The Court examined the discrepancies between the reasons provided to the petitioner and those recorded by the respondent, as well as the overall legality and justificati...
Civil Appeal – Eligibility for LPG Distributorship – Interpretation of Advertisement Terms – interpretation of an advertisement for LPG distributorships and the eligibility criteria related to the location of the distributorship. [Para 2-7, 14-15]
Advertisement Interpretation – Location Specification for Distributorship – The Court examined the specifics ...
Civil Appeal – Interpretation of Contract Terms – Arbitration Clause – The Supreme Court deliberated on whether the arbitration clause from a primary contract was effectively incorporated into a subsequent Letter of Intent, thereby governing the dispute resolution mechanism for the parties involved. [Para 5-7, 16-17]
Contractual Reference to Arbitration Clause &ndash...
Property Law – Partition and Settlement – Joint Family Property – a dispute concerning the ownership of properties arising from a joint Hindu family. The appellants contested the High Court's decision which allowed the respondent's claim on the Kamla Nagar property and dismissed the appellants' claim on the Malcha Marg property. [Para 1-4]
Kamla Nag...
Civil Law – Adverse Possession – Inadequate Pleadings and Proof –Court, in this case, clarified the legal principles governing the claim of adverse possession. The Court emphasized that such a claim requires adequate pleadings and proof, including the establishment of continuous, peaceful, and open possession adverse to the true owner for over twelve years. [Para 9, 12-16]
Evi...
Late Payment Surcharge Dispute – Request for payment of Rs.1376.35 crore as LPS by Adani Power Rajasthan Limited (APRL) from Rajasthan Discoms under PPA-2010 – Applicant relies on Article 8.3.5 of the PPA-2010 – Main appeal related to additional payment claims under PPA-2010 due to change in law was previously disposed of [Paras 2, 4].
Judicial History – The Su...