Section Archives

Whether Employer’s Intentional Assault on Employee Constitutes “Accident” Arising Out of Employment Under Employees’ Compensation Act? Karnataka HC Answers

The instant matter revolves around the applicability of Section 3(1), Employees’ Compensation Act, 1923 for claiming the compensation arising out of an accident at the workplace.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Transfer of Toll Collection Rights for Commercial Consideration Not Sovereign Function: CESTAT Affirmed Service Tax on NHAI

“Transfer of toll collection rights through competitive bidding for commercial consideration is manifestly a business activity and not an inalienable sovereign function. Sovereign functions are those which can only be performed by the State, such as defence, legislation, policing and administration of justice sovereign functions cannot be delegated.”

Case Briefs High Courts

[Specific Performance of Contract] | Sikkim HC finds party’s unwillingness for performance on their part; Discusses scope of Second Appeal under S.100 CPC

Relying on UN Krishnamurthy v. AM Krishnamurthy, the Court stated that the appellant failed to indicate willingness to perform their part of the transaction, as they neither showed nor proved the availability of sufficient funds required to make the payments per the contract