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...
Taxation Law – Reassessment under Income Tax Act – Issuance of Notice to Deceased Person – Petitioner, the legal heir of late Sh. Vijay Shankar Goel, challenged the reassessment notice under Section 148A(b) and subsequent order under Section 148A(d) – Notices were issued in the name of the deceased assessee despite the department being informed about his death – Held:...
Facts:
The promotion of an incumbent teacher to the post of Professor under the Career Advancement Scheme (CAS).
The teacher joined the constituent college of Karnataka University on October 28, 2013, as an Associate Professor. Before that, he served as an Associate Professor in an affiliated college of the University from January 1, 2006, to January 1, 2009.
The promotion to the post of ...
Civil Law – Probate of Will – Two competing Wills – Probate granted in favor of respondent based on 1993 Will – Trial court dismissed claim on 1995 Will – Appellants challenged the genuineness of the 1993 Will, alleging suspicious circumstances, including mention of deceased wife who was alive at the time of the Will's execution – Held: The 1993 Will was sus...
Facts:
The present case revolves around a dispute between the petitioner, Mr. Suresh Shah, and the respondent, Hipad Technology India Private Limited. The petitioner is the landlord, and the respondent is the tenant of a commercial property. The lease agreement between the parties contains an arbitration clause, which provides an alternate mode of dispute resolution. Subsequently, a dispute ar...
Facts:
The respondent was employed by Bharat Coking Coal Limited.
The date of birth in the respondent's service record was recorded as March 4, 1950.
The respondent indicated the same date of birth in various official forms.
In 2009, just before retirement, the respondent requested a change in his date of birth in the service records.
The appellant company verified the date of b...
Full Tank Level Dispute – Extent of FTL – Petitioners' objections regarding Durgam Cheruvu tank’s FTL not considered – Directions for Reconsideration – The petitioners argued that the FTL determined by the respondents exceeded the original extent of Acs. 65.12 Guntas, encroaching on their private property – Held: The Lake Protection Committee was directed to...
Facts:
An advocate filed a writ petition before the High Court, seeking directions to the Department of AYUSH to allow homeopathic practitioners to perform in accordance with the advisory issued on 06.03.2020. The advisory suggested the use of AYUSH systems in responding to COVID-19, but the State of Kerala and the Department of AYUSH, Trivandrum, did not implement it. The High Court disp...
Facts:
The case involves a dispute between ANGLO AMERICAN METALLURGICAL COAL PTY LTD. (Appellant) and MMTC LTD. (Respondent) over the supply of coal. The Majority Award found that the Appellant was able to supply the contracted quantity of coal, but the Respondent was unwilling to lift the coal due to a market slump. The Respondent subsequently attacked the Appellant, alleging non-su...
Facts:
Ladhabhai Thakarsibhai Bhanderi held an account with Saurashtra Gramin Bank.
The bank had an agreement with Oriental Insurance Company Limited for a group individual accident policy for its account holders.
To avail of this insurance cover, account holders were required to submit an application form to the bank, which would then deduct the premium and forward it to the insurer.
...