Consumer Law – Filing of Written Statement – Appellant’s Right Foreclosed – The National Consumer Disputes Redressal Commission (NCDRC) foreclosed the Appellant’s right to file a written statement in response to the complaint due to the failure to submit it within the 45-day statutory period – The Appellant argued that the delay was due to the non-receipt of the...
Civil Law – Land Encroachment – Plaintiff-appellants filed a suit for mandatory injunction seeking to restore a passage allegedly encroached by defendant-respondents – The suit claimed that the passage was demarcated, and the encroachment merged into the defendants’ land – Trial Court and First Appellate Court dismissed the suit, finding that the demarcation was impro...
Prohibition Law – Vehicle Confiscation and Auction – Disproportionate Penalty – The petitioner’s vehicle was seized for the recovery of 1 liter of country-made liquor, and subsequently auctioned for ₹3,25,000 – The Excise Commissioner ordered the return of ₹2,23,073 to the petitioner after deducting a fine of ₹1,01,927 – Held: The penalty imposed was dispr...
Civil Law – Constitutionality of Section 96(b) of Cantonment Act, 2006 – Petitioner, operator of a shopping mall, challenged the constitutional validity of Section 96(b) of the Cantonment Act, 2006, which mandates the deposit of the disputed tax amount as a pre-condition for the hearing of an appeal – Petitioner argued the provision was arbitrary, violative of Articles 14 and 19(...
Governor’s Sanction – Section 17A, Prevention of Corruption Act – Validity of Approval – Sanction Upheld - The petitioner, the Chief Minister of Karnataka, challenged the Governor's order granting approval under Section 17A of the Prevention of Corruption Act and Section 218 of the BNSS, contending it was issued without proper application of mind and violated natural ju...
Income Tax – Infrastructure Development – Eligibility for Deduction under Section 80IA(4) – The respondent, engaged in infrastructure development at Kakinada Deep Water Port, claimed a deduction under Section 80IA(4) of the Income Tax Act for the development of a Mechanised Port Handling System – The revenue disallowed the deduction, contending that the respondent had no di...
Labour Law – Industrial Employment (Standing Orders) – Applicability of Central vs. State Law – Cement industry dispute – Appellant, UltraTech Cement Ltd., contended that the Central Government's Industrial Employment (Standing Orders) Act, 1946 (CG Act) governed the industry – Appellant argued cement is a controlled industry under the Central Government and thus,...
Family Law – Divorce by Mutual Consent – Settlement Agreement – Transfer Petition Disposed – The petitioner sought the transfer of a matrimonial suit under Section 9 of the Hindu Marriage Act, 1955, from Serampore, West Bengal, to Hisar, Haryana – The matter was referred to mediation, resulting in a settlement agreement where the parties agreed to divorce by mutual co...
Family Law – Dismissal for Non-payment of Interim Maintenance – Rule 9, Order IX of CPC – The appellant's divorce petition was dismissed by the Family Court due to non-payment of interim maintenance in a prior proceeding – The Family Court dismissed the current petition on the same basis, invoking Order IX, Rule 9 of the CPC – Held: The Family Court erred in apply...
Contract Law – Liquidated Damages – Delayed Supply of Goods – The plaintiff supplied electrical insulators to the defendant under three purchase orders, but deliveries were delayed – Defendant withheld payment citing liquidated damages – Plaintiff argued the delay was due to force majeure events (floods and labour issues), but failed to provide timely notice as requir...