Tender Disqualification – Grounds and Validity – Appellant disqualified from tender participation by the Board of Trustees of Jawaharlal Nehru Port Authority based on termination of a Concession Agreement by the Visakhapatnam Port Authority – High Court upheld disqualification – Appellant contended termination was retaliatory and pending arbitration – Supreme Court di...
Municipal Law – Building Safety and Demolition – Building classified as C-1 (most dangerous) after structural audit – Demolition and eviction notices issued – High Court upheld notices, finding building unsafe – Supreme Court affirmed, citing compliance with legal procedures and protection of appellants' rights in redevelopment agreement [Paras 1-25].
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Constitutional Law – Writ Jurisdiction – Private Unaided Minority Institution – High Court held writ petition maintainable against termination order by private unaided minority institution – Supreme Court found High Court erred – Writ jurisdiction under Article 226 maintainable only if public duty element present – Service disputes of private nature without stat...
Criminal Law – MCOCA – Organized Crime – Confession – Appellants challenged validity of confessions recorded by an Additional Superintendent of Police (Addl. SP) under MCOCA – Supreme Court held that Addl. SPs are not of the same rank as SPs – Confessions recorded by Addl. SPs not admissible under Section 18 MCOCA – High Court's dismissal of writ petit...
Constitutional Law - Maintainability of Writ Petition - Article 226 -Writ petition under Article 226 of the Constitution of India challenging the order of RERA— Petitioner's contention that the delegation of powers by the RERA to the Adjudicating Officer is beyond jurisdiction— Held that Section 81 of the Act empowers the RERA to delegate any of its powers except for framing regula...
Criminal Law – Conviction Reversal – High Court convicted the appellant under Section 302 read with Section 34 IPC after reversing the trial court's acquittal – Appellant's appeal to Supreme Court dismissed in limine without recording reasons – Supreme Court emphasized the need for notice and recording reasons when disposing of appeals under Article 134(1)(a) or (b)...
Appointment Tenure – Statutory Provisions – The Supreme Court held that the appointment of members of the NCLT for a period of three years is not contemplated by Section 413(1) of the Companies Act, 2013. The section stipulates a tenure of five years for members from the date of entering office, eligible for re-appointment for another term of five years [Paras 1-88].
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Taxation Law – Service Tax – Exemption Notification – Mega Exemption Notification:Service tax exemption under the Mega Exemption Notification applies to services provided by way of conduct of any religious ceremony. The Supreme Court held that this exemption is specific to services directly involving the conduct of religious ceremonies and does not extend to auxiliary services fa...
Public Trusts – Misappropriation of Government Properties – Inquiry through Economic Offences Wing: The Supreme Court held that there was no warrant to direct an inquiry through the Economic Offences Wing of the State Government as there was no finding of mens rea on the part of the trustees. The High Court did not record any finding based on material that the alienation made by t...
Forest (Conservation) Act, 1980 – Definition of Forest Land – Section 2: The Supreme Court held that land covered by a special order issued under Section 4 of the PLPA can be classified as forest land within the meaning of the Forest (Conservation) Act, 1980. The object of the Forest Act is to provide for the conservation of forests and matters connected therewith. The Act applies...