Issue for Consideration Maintainability of writ petition in cases of electrocution; the yardstick to be used in determining compensation in such cases. Headnotes† Electrocution – Writ petition u/Art.226 – Maintainability – High Court directed the appellant-Corporation holding the writ petitions to be maintainable and the disputed facts to not be of much relevance because, according to it, it is the standard of absolute liability that is applicable and not strict liability – Interference with: Held: If questions of fact are disputed, then Art.226
Issue for Consideration Issue arose as regards the classification of imported laser imagers for the levy of duty under the Customs Tariff Act, 1975; whether the imported laser imagers are classifiable under Customs Tariff Heading (CTH) 9018 90 19, as claimed by the appellant-importer, or under residuary CTH 9033 00 00 in Chapter 90. Headnotes† Customs Tariff Act, 1975 – Classification of imported laser imagers for levy of duty – Whether the imported laser imagers are classifiable under Customs Tariff Heading (CTH) 9018 90 19, as claimed by the
Issue for Consideration The High Court in the First Appeal accepted the Memorandum of Registration exhibited by the plaintiff and decreed the suit for recovery of money. The appellant herein, who was the defendant, contented that the suit claim was barred by limitation. Whether the suit claim Headnotes† Limitation Act, 1963 – s.14 – Partnership Act, 1932 – s.69(2) – A suit for recovery of money filed by the respondent- plaintiff was dismissed by the trial Court – It was found that the plaintiff’s status as a registered partnership firm
Issue for Consideration Whether the action of the respondents in terminating the employment of the appellant on the ground of furnishing false information as regards his criminal antecedents, in the given facts and circumstances, was permissible Termination from service on ground of suppression or supply of false information – When not justified – Whether the action of the respondents in terminating the employment of the appellant on the ground of furnishing false information as regards his criminal antecedents was
Issue for Consideration Whether the Respondents, who admittedly traded (sold) their shareholding in Tara Jewels Limited while in possession of Unpublished Price Sensitive Information, could escape the charge of insider trading under Regulation 4(1) of the PIT Regulations, that the purpose of the sale was a legitimate corporate purpose (i.e., to save the company from being downgraded to a non-performing asset), and whether the Securities Appellate Tribunal (SAT) erred in setting aside the Whole Time Member’s (WTM) order on this ground. Headnotes†
Issue for Consideration Whether the High Court was justified in declining to examine, at the threshold, the effect of the official service certificate establishing the appellant’s absence from the place of occurrence; whether the acquittal of the co-accused appellant’s parents, on an arising from the very same F.I.R., has a material bearing on the continuation of proceedings against the appellant; and whether, on a cumulative reading of the record, the continuation of criminal proceedings against the appellant amounts to an abuse of the process of the court, warranting
Issue for Consideration Issue arose whether in the light of the contents of the award, permitting the appellant to retain the money would tantamount to unjustly enriching the appellant; and did the respondent, satisfy the necessary parameters for obtaining relief u/s.9 of Act, 1996. Headnotes† Arbitration and Conciliation Act, 1996 – s.9 – Interim measures, etc., by Court – Memorandum of Understanding between the appellant and the respondent pursuant to which the respondent was provided Rs.3.5 crores as Mobilisation Advance
Issue for Consideration Whether the quantum of maintenance fixed by the High Court requires reconsideration. Headnotes† Matrimonial Disputes – Maintenance – Enhancement of – High Court partly enhanced the child maintenance to Rs.1,25,000/- per month for both the children deductions as shown by the Respondent-husband are voluntary in nature and include voluntary contributions such as ESPPs which cannot be treated as compulsory deductions to reduce monthly income for the purposes of maintenance – In addition, it was also submitted that the Appellant’s
Issue for Consideration Whether the turnkey contracts entered into by the respondent- assessee with various banks for the supply, installation and commissioning of ATMs constitute indivisible composite contracts which, during the relevant period, were incapable of purpose of levying service tax under the taxable category of “commissioning or installation” under the provisions of the Finance Act, 1994; whether the CESTAT was justified in holding that no part of the composite consideration received by the respondent- assessee under the aforesaid
Issue for Consideration Issue arose as regards the termination of the first respondent’s service without any enquiry, and approval of the competent authority not preceding the order whereby the first respondent was allowed to continue as Primary Grade Teacher up to the end of the academic thereby that the appellant did not require the first respondent’s service thereafter. Headnotes† Andhra Pradesh Education Act, 1982 – ss.79, 83 – National Council for Teacher Education Act, 1993 – ss.14, 16 and 17(4) – Termination without any enquiry, and
Issue for Consideration Issue arose whether the activity undertaken by the Assessee at its warehouse, the grouping and, to whatever extent, the fitting together of imported modules into Xerox Photocopier machines to meet a customer’s need, amounts to “manufacture” within of the Central Excise Act, 1944 r/w Note 6 to s.XVI of the First Schedule to the Central Excise Tariff Act, 1985. Headnotes† Central Excise Act, 1944 – s.2(f) – Central Excise Tariff Act, 1985 – Note 6 to s.XVI of the First Schedule – Grouping and, fitting
Issue for Consideration Issue arose as regards the need for institutionalization of the process of solid waste management; formulation of principles for determination of environmental compensation. Headnotes† Solid Waste Management Rules, 2026 – rr.18(1)-(3), 17(2) – Determination and imposition of – Principles formulated – Central Implementation Committee constituted vide Office Memorandum dtd.09.03.2026 – Under sub-rule 17(2), the Central Implementation Committee is mandated to prepare guidelines for imposition and collection of
Issue for Consideration Whether, in a suit where the evidence of the parties stood closed and final arguments of the defendant’s side had already concluded, the Trial Court (and the High Court, in modifying the Trial Court’s orders) could permissibly exercise power u/Or.XVIII r.17 CPC r.14 CPC) to reopen the plaintiffs’ evidence, recall PW-1, and receive fresh documents and further, whether such recall could be extended to permit cross-examination of the recalled witness. Headnotes† Code of Civil Procedure, 1908 – Or.XVIII, r.17 – The appeals arose from
Issue for Consideration Issue arose as regards the appeal by the appellant, convicted u/s.302 IPC, with sentence of life imprisonment filed after undergoing 22 years in prison. Headnotes† Criminal justice – Access to justice – Incarceration of almost 22 years – Appellant for murder of three women – Appellant already undergoing sentence past 12 years, filed ‘Jail Memo of Appeal’ against the order of conviction – Also filed application seeking condonation of delay of 3157 days in filing jail appeal – High Court rejected the
Issue for Consideration By the impugned judgment, the High Court declined to give effect to the order dated 07.02.2014 passed by the Principal Chief Engineer, Public Works Department (PWD), Government of Goa, which had granted the appellants temporary status and recognised their entitlement to establishment of the PWD as and when vacancies arose. Whether the said order of the High Court is liable to be set aside; whether, after availing those services continuously over a long period and thereafter conferring temporary status upon them, the State can legitimately deny appellants
Issue for Consideration Whether the final decision in TMA Pai Foundation case by 11-Judge Bench renders the decision of the Single Bench as well as the Division Bench of the High Court of Karnataka, impugned herein, liable to be interfered with or not; whether the appellants herein, Government of Karnataka are entitled to any relief or not. Headnotes† Judgments – Operation – Retrospective in application, unless expressly provided to be prospective – Single Bench of the High Court allowed the writ petition filed by the respondent- college and quashed
Issue for Consideration Issue arose as regards the lack of compliance of s.146 of the Motor Vehicles Act, 1988 which requires all vehicles to have a valid insurance policy covering third-parties; whether there should be a uniform motor-vehicle policy structure covering all occupants of to the statutorily mandated coverage of third- party risks; whether the High Court rightly allowed the appeal filed by the respondents-claimants holding that the policy in question was a comprehensive policy and would cover the owner of the vehicle as well, who was travelling in the car as a
Issue for Consideration Issue arose whether the acceptance of resignation of respondent- Assistant Registrar, by an officer holding additional charge of Vice-Chancellor and admittedly not the competent authority u/s.23(2)(ix) of the 2009 Act, stood validated by the subsequent ratification of the and whether the Division Bench of the High Court justified in upholding the acceptance of resignation of the respondent and the rejection of his request for withdrawal thereof. Headnotes† Delhi Technological University Act, 2009 – s.23(2)(ix) – Right of an employee to withdraw a
Issue for Consideration Issue arose whether the High Court in exercise of revisional jurisdiction was justified in setting aside the order of conviction of the accused u/s.138 NI Act, passed by the trial court and affirmed by the Sessions Court. Headnotes† Negotiable Instruments Act, 1881 of funds – Presumptions as to negotiable instruments – Exercise of revisional jurisdiction by the High Court – Hand loan of Rs.4,50,000/- extended by the complainant to the accused, to be paid within a year with 16% interest per annum – Cheque issued by the
Issue for Consideration Issue arose whether the compensation awarded by the High Court even after enhancing the compensation awarded by the tribunal meets the requirement of ‘just compensation’ within the meaning of the Motor Vehicles Act; and whether having regard to the nature of claimant and the lifelong consequences flowing therefrom, the appellant is entitled to further enhancement of compensation. Headnotes† Motor Vehicles Act, 1988 – s.168 – Compensation – Enhancement – Requirement of ‘just compensation’ – Motor