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 Does the mandatory time frame prescribed by the proviso to Or.VIII r.1 of the Code of Civil Procedure, 1908, apply to the filing of a written statement by the plaintiff to a counter-claim raised by the defendant in a suit governed by the Commercial Courts Act, 2015 – Code of Civil Procedure, 1908 – Or.VIII, r.1, r.6E – Mandatory time frame – Written statement to counter-claim – By order dated 19.08.2024 in GA (COM) No.4 of 2024 in CS (COM) No.440 of 2024, a Judge of the Calcutta High Court held that the appellants
Issue for Consideration Whether the order of conviction by the Trial Court, affirmed by the High Court, based on the circumstances of the last seen together theory, extra-judicial confession, recovery of the objects used as weapons and a motorbike, seizures from the place of occurrence, oral ought to be reversed. Headnotes† Circumstantial Evidence – Complete chain of circumstances, when not established – Trial court found from the last seen together theory, extra-judicial confession, recovery of the objects used as weapons and a motorbike, the seizures carried out
Issue for Consideration Whether the filing/refiling of the appeal by respondent No.1 was incurably tainted and ought to have been rejected at the threshold by NCLAT. Headnotes† Insolvency and Bankruptcy Code, 2016 – s.61 – National Company Law Appellate Tribunal Rules, 2016 Respondent No. 1 e-filed Company Appeal with delay before NCLAT without certified copy of the impugned order passed by NCLT – Defects intimated by Registry – Appeal refiled with a delay of 150 days again without the certified copy of the order impugned – NCLAT allowed the
Issue for Consideration National Highways Authority of India (NHAI) is aggrieved by enhancement of the compensation payable to a landowner, respondent no.1-Alfa Remidis Ltd. Headnotes† National Highways Act, 1956 – 3G(5) – Arbitration and Conciliation Act, 1996 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.26 – Respondent no.1, claimed ownership over an extent of 1,394 square meters in Survey No. 66 of Mouza Pardi (Rithi) in Tahsil-Saoner, Nagpur District – The Deputy Collector, Land
Issue for Consideration Issues arose inter alia as to whether in the Corporate Insolvency Resolution Process (CIRP) proceedings of the Corporate Debtor- Earth Infrastructures Limited, the assets of the land holding companies, i.e., subsidiary of the treated to be assets of the Corporate Debtor; whether assets of the subsidiary companies can be dealt with in CIRP of holding Company; whether the present is a fit case to lift the corporate veil. Headnotes† Insolvency and Bankruptcy Code, 2016 – CIRP of holding Company –
Issue for Consideration Once the prescribed limitation period u/s.61(2) of Insolvency and Bankruptcy Code, 2016 expired, whether it was open to the suspended director to take steps to convert the incompetent appeal and maintain an appeal in his Code, 2016 – ss.16, 17, 61 – A suspended director of Ambro Asia Private Limited, the corporate debtor, filed the present appeal u/s.62 of the Insolvency and Bankruptcy Code, 2016, aggrieved by the judgment dated 07.01.2026 passed by the NCLAT – By the said judgment, the
Issue for Consideration Whether a notice seeking commencement of arbitration, issued on 02.06.2022, could set in motion the process of resolution of a dispute regarding a work completed as early as on 30.07.2000. Headnotes† Arbitration and Conciliation Act, 1996 – ss.42, 43 – 18 – Work completed in the year 2000 – Notice seeking commencement of arbitration issued after 21 years in 2022 – By way of the impugned judgment, Arbitrator appointed by High Court – Sustainability: Held: Unsustainable – Arbitration though is an alternate dispute
Issue for Consideration Issue arose whether the High Court was justified in acquitting the accused despite the alleged dying declarations, motive and testimony of witnesses relied upon by the prosecution to establish the prosecution case. Headnotes† Evidence Act, 1872 – s.32 – Shanty in which the old couple were residing gutted in a fire, killing the old man immediately and his wife died two days later in a hospital – Prosecution case that the younger son and daughter-in-law of the couple, due to previous land disputes, torched the hut with the intention to
Issue for Consideration Bereft of proof of the conspiracy theory and finding absence of the demand of bribe, the conviction of both the accused (A1 and A2) was overturned by the High Court. Headnotes† Prevention of Corruption Act, 1988 – s.7 – Penal Code, 1860 – s.120B Tax Officer-A2 made a demand of Rs.5 lakhs purportedly on behalf of appellant, Assessing Officer-A1 – PW1 approached CBI – PW1 is alleged to have informed A2 that he had in his possession only Rs.2 lakhs – Trap was laid – PW1 then went to the office room of A1, where
Issue for Consideration Issue arose whether the reduction of share capital u/s.66 of the Companies Act, 2013, and the consequent forced exit of minority shareholders, was arbitrary and unfair. Headnotes† Companies Act, 2013 – s.66 – Reduction of share capital – company, held a fraction of 1.09% of shares – Respondent no.1 decided to reduce its share capital u/s.66, by cancelling 28,457,840 equity shares held by the minority shareholders and paying them an exit price of Rs.163.25 per share which was subsequently raised to Rs.196.80 per share
Issue for Consideration Whether in the facts and circumstances of the case, there was a complete chain of circumstances leading only to the hypothesis of the guilt of the accused without leaving room for any other hypothesis; whether the order of the Trial Court convicting the accused and that of ought to be set aside. Headnotes† Evidence Act, 1872 – s.27 – Statement of accused made when not in police custody, outside the purview of s.27 – High Court affirmed the conviction and sentence of the accused, the step-father for the murder of his six year-old
Issue for Consideration Whether in the facts and circumstances of the case, the impugned order passed by the High Court granting bail to respondent No.1 extending the parity principle ought to be set aside. Headnotes† Bail – Offences of pecuniary nature – Factors to be u/ss.406, 419, 420, 467, 468, 471, 506, IPC, s.409 added later, alleging that he had supplied foodgrains to four accused persons including respondent No.1 (operating under different names), but he was paid only ₹5,02,57,000/- out of the total sum of ₹11,52,38,156/- and; the accused
Issue for Consideration Issue pertains to grant of bail to the appellant for commission of offence punishable u/s.8(c) r/w ss.20(b)(ii)(C), 22(c), 23, 28 and 29 of the NDPS Act r/w s.135 of the Customs Act; and the right of the accused to free legal aid counsel. Headnotes† Narcotic Substances Act, 1985 – s.8(c) r/w ss.20(b)(ii)(C), 22(c), 23, 28 and 29 – Customs Act, 1962 – s.135 – Bail – Grant of – Case registered against the appellant for the offences punishable u/s.8(c) r/w ss.20(b)(ii)(C), 22(c), 23, 28 and 29 of the NDPS Act r/w
Issue for Consideration Issue arose as regards the reach and sweep of the jurisdiction of the Tribunal constituted under the Wakf Act, 1995; whether in the facts and circumstances of the case, the injunction simpliciter sought for before the Waqf Tribunal fell within its jurisdiction; whether the jurisdiction and that of the High Court affirming it ought to be set aside. Headnotes† Wakf Act, 1995 – ss.6(1), 7(1), 83 – Respondent-plaintiff filed suit before the Tribunal seeking perpetual injunction with respect to the scheduled property which was neither specified
Issue for Consideration Whether the conviction of the accused by the High Court, based on confession without corroboration, reversing the order of acquittal by the Trial Court is justified. Headnotes† Circumstantial evidence – Conviction based on confession without corroboration reversed the acquittal of the accused by the Trial Court, finding the accused guilty of murder of the victim – Challenge to: Held: A confession can form a legal basis of a conviction if the Court is satisfied that it was true and was voluntarily made – However, a Court shall not
Issue for Consideration Interpretation and implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) and the Building and Other Construction Workers’ Welfare Cess Act, 1996 (Cess Act); issue of the levy and BOCW Act and the Cess Act; whether cess was deductible irrespective of the constitution of Welfare Boards constituted under the BOCW Act; whether the BOCW Act and the Cess Act can be treated as ‘subsequent legislation’ for the purposes of the contracts entered into by NHAI with its
Issue for Consideration Issue pertains to the interpretation of Clause 2.2 of Deed of Undertaking executed between SREI-original creditor, which subsequently assigned all its rights and interests in favour of the appellant; ESL-borrower; and ECL-erstwhile promoter of ESL and obligor in and whether Clause 2.2 constitutes a contract of guarantee within the meaning of s.126 of the Contract Act, 1872 thereby rendering ECL as a guarantor to SREI in respect of financial facilities availed by ESL from SREI. Headnotes† Insolvency and Bankruptcy Code, 2016 –
Issue for Consideration Issue arose as regards the correctness of the order passed by the Magistrate taking cognizance of the respondent’s complaint u/s.138 of the NI Act, even before the delay of two days in its presentation was condoned. Headnotes† Negotiable Instruments Act, 1881 funds in the account – Cognizance of offences – Magistrate taking cognizance of the complaint u/s.138, before the delay of two days in its presentation was condoned – Correctness: Held: Magistrate erred in taking cognizance of the respondent’s complaint u/s.138, even
Issue for Consideration As regards admission to MBBS/BDS courses under sports quota, the issue arose as to whether the procedure of keeping the admission process elastic after issuance of the prospectus and submission of applications by the candidates with their sports achievements would be valid – Admission to MBBS/ BDS courses through NEET-UG under sports quota during session-2024 – Change in policy w.r.t the zone of consideration midstream during the admission process – Impermissibility – Prospectus for admission to the colleges in Punjab in undergraduate