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This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on partial partition.
The Tribunal stated that for a place to fall within the ambit of a public place, the element of right of access of public was a necessary concomitant.
Section 129-E of Customs Act, 1962 makes it obligatory to deposit the duty/penalty pending the appeal and if a party does not comply either with the main Section or with any order that might be passed under the proviso, the Appellate Authority is fully competent to reject the appeal for non-compliance.
“When legislature confers the function of adjudication on an authority under the statute, the same can be performed by such authority within the four corners of the power conferred on it.”
“With coming into force of interest provisions, the revenue neutrality concept has undergone a change, so as to consider duty neutrality different from revenue (Duty+interest) neutrality. Latter at time may not exist, even if former is present.”
“The Court failed to appreciate as to how the position, where not only does the respondent had the power to unilaterally appoint two out of the three arbitrators and compelled the petitioner to choose one of the panels of five arbitrators can be said to meet the test of ‘counter balancing’.”
“Nurses working in hospitals provide a very valuable humanitarian service. It will be a travesty of justice if such people are denied adequate compensation for their services as they were entitled to.”
“After the insertion of Section 65B (54) in the Finance Act 1994, from 01-07-2012 onwards, the definition of ‘works contract’ was expanded to include repair and maintenance services of movable properties. Hence, the composite contracts for repair and maintenance of motor vehicles are leviable to service tax from said date.”
The Delhi High Court Delhi dismissed plea for constituting independent tribunal or committee to oversee enforcement of the Foreign Contribution (Regulation) Act, 2010 (FCRA) and held that mere apprehension that the Act was capable of being misused was no ground to create an independent body to oversee the functioning of the FCRA.
Bombay High Court: In the present appeal filed under Section 260-A of the Income Tax Act, 1961 preferred against the
Allahabad High Court: Saumitra Dayal Singh, J. dismissed a revision which was filed for revenue against the order passed by the Trade
Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ. and Dinesh Kumar Paliwal, J. allowed an appeal which was filed
“To say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section 83(1) of the Waqf Act.”
Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajit Singh, JJ., addressed an interesting question as to whether
Supreme Court: Taking note of an important legal question raised by the High Court of Kerala while hearing a Motor Vehicle Accident
Judicial independence of the Tribunals can be achieved only when the Tribunals are provided the necessary infrastructure and other facilities without having to lean on the shoulders of the executive.
Karnataka High Court: H. T. Narendra Prasad J. allowed the appeal stating that the Motor Accident Claim Tribunal has ample powers under
“Dispensation of justice by the Tribunals can be effective only when they function independent of any executive control: this renders them credible and generates public confidence.”
Appellate Tribunal for Electricity (APTEL): A Coram of Manjula Chellur, J. (Chairperson) and S.D. Dubey (Technical Member), allowed an appeal which was
Central Information Commission (CIC): Bimal Julka, Chief Information Commissioner, noted that the RTI application seeking very pertinent information with regard to COVID-19 pandemic