(1)
MAITREYA DOSHI .....Appellant Vs.
ANAND RATHI GLOBAL FINANCE LIMITED AND ANOTHER .....Respondent D.D
22/09/2022
SUPREME COURT OF INDIA
Insolvency Law – Financial Debt – The appellant challenged the initiation of CIRP against Doshi Holdings, arguing that no disbursement was made to Doshi Holdings and thus no financial debt existed. The Supreme Court upheld the decision of the Appellate Authority, stating that Doshi Holdings was party to the Loan-cum-Pledge Agreements in a dual capacity as borrower and pledgor. The appr...
(2)
BHARAT SANCHAR NIGAM LTD. AND OTHERS ETC. .....Appellant Vs.
M/S TATA COMMUNICATIONS LTD. ETC. .....Respondent D.D
22/09/2022
SUPREME COURT OF INDIA
Administrative Law – Retrospective Effect – It is a settled principle that Parliament and State Legislatures have plenary powers to legislate prospectively and retrospectively, subject to constitutional and judicially recognized restrictions. Retrospective legislation must be expressly provided by the Legislature in the Statute. Administrative/executive orders or circulars cannot be ap...
(3)
GOPI @ GOVERDHANNATH (D) BY LRS. AND OTHERS .....Appellant Vs.
SRI BALLABH VYAS .....Respondent D.D
22/09/2022
SUPREME COURT OF INDIA
Transfer of Property – Rights of Lessor’s Transferee – Under Section 109 of the Transfer of Property Act, if a landlord transfers leased property, the transferee shall possess all the rights of the original landlord. Attornment by the lessee is not necessary. Therefore, upon lawful transfer, the new owner steps into the shoes of the original landlord, acquiring all rights and res...
(4)
NARMADA BACHAO ANDOLAN AND OTHERS .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondent D.D
22/09/2022
SUPREME COURT OF INDIA
Land Acquisition – Compensation – The Supreme Court reiterated that the compensation of Rs. 60 lakhs per family as determined in its order dated February 8, 2017, is final and cannot be broken down into a per hectare calculation for individual claims. The order provided a full and final settlement for project affected families, including those who had not been compensated fully or part...
(5)
D. SWAMY .....Appellant Vs.
KARNATAKA STATE POLLUTION CONTROL BOARD AND OTHERS .....Respondent D.D
22/09/2022
SUPREME COURT OF INDIA
Environmental Law – Ex Post Facto Environmental Clearance – The court held that ex post facto environmental clearance should not be granted routinely but may be permissible in exceptional cases considering all relevant environmental factors. Where adverse consequences of denial outweigh the benefits of granting ex post facto approval, such approval may be granted if the establishment c...
(6)
TATA MOTORS LIMITED .....Appellant Vs.
CENTRAL SALES TAX APPELLATE AUTHORITY AND OTHERS .....Respondent D.D
21/09/2022
SUPREME COURT OF INDIA
Sales Tax – Refund or Transfer of Tax – The Central Sales Tax Appellate Authority found the sales of buses by Tata Motors through RSO Vijayawada to APSRTC as inter-state sales, making them liable for central sales tax in Jharkhand. However, the tax had been paid to Andhra Pradesh treating the sale as a stock transfer. Prior to Section 22(1B) insertion in the Central Sales Tax Act, 1956...
(7)
SOUTH DELHI MUNICIPAL CORPORATION .....Appellant Vs.
FEDERATION OF RESIDENTS WELFARE ASSOCIATION VASANT KUNJ (REGD.) AND OTHERS .....Respondent D.D
21/09/2022
SUPREME COURT OF INDIA
Municipal Law – Shifting of Crematorium – Appeal against the High Court’s refusal to modify an earlier order directing the shift of a crematorium at Village Masoodpur to Kishangarh – The crematorium at Masoodpur has been in existence for over 100 years – Residential colonies in Vasant Kunj came into existence post-1990 – Supreme Court held that mere subsequent s...
(8)
PROFESSOR (DR.) SREEJITH P.S. .....Appellant Vs.
DR. RAJASREE M.S. AND OTHERS .....Respondent D.D
21/09/2022
SUPREME COURT OF INDIA
Education – Appointment of Vice Chancellor – Appeal against the legality of appointment – The appointment of Dr. Rajasree M.S. as Vice Chancellor of APJ Abdul Kalam Technological University was challenged for non-compliance with UGC Regulations and the University Act – Supreme Court held that the Search Committee was not duly constituted as per UGC Regulations and that only...
(9)
DENTAL COUNCIL OF INDIA .....Appellant Vs.
SAILENDRA SHARMA AND OTHERS .....Respondent D.D
21/09/2022
SUPREME COURT OF INDIA
Education – Admission to Postgraduate Dental Course – Appeal against High Court’s decision quashing cancellation of admissions – Students admitted by private institutions after the official deadline and without informing the Directorate – Supreme Court held that such admissions were illegal and violated prescribed procedures – The last date for admissions was 31...