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Home » 15 Latest Supreme Court Case Laws Reported in 2022 SCALE Volume 1

15 Latest Supreme Court Case Laws Reported in 2022 SCALE Volume 1

Consumer Protection Act 1986 – Failure to obtain the occupation certificate is a deficiency in service for which the builder is liable. Samruddhi Co-operative Housing Society Ltd. v. Mumbai Mahalaxmi Construction Pvt. Ltd., 2022 (1) SCALE 289

Insolvency and Bankruptcy Code 2016 – Ss. 7 & 60 (5) (c) – Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Reg. 34 – Resolution professional costs. Devarajan Raman v. Bank of India Ltd., 2022 (1) SCALE 278

Education – National Eligibility-cum-Entrance Test (NEET) – Economically Weaker Section (EWS) – Validity of the EWS criteria as recommended by the Pandey Committee. Neil Aurelio Nunes v. Union of India, 2022 (1) SCALE 275

Penal Code, 1860 – Section 34 – Essence & Scope of. Jasdeep Singh @ Jassu v. State of Punjab, 2022 (1) SCALE 259

Arbitration and Conciliation Act, 1996 – S. 37 – Where two views are possible, the Court cannot interfere in the plausible view taken by the arbitrator supported by reasoning. UHL Power Company Ltd. v. State of Himachal Pradesh, 2022 (1) SCALE 249

Fire Incident – Demand of excise duty on the liquor destroyed – Whether the demand in question is authorised by law ? – Whether the company remains liable to pay excise duty on the liquor lost in fire – Control of Department over the distillery and godown – Act of God – Inevitable Accident – Res ipsa loquitur – Insurance coverage only of the value of liquor – Effects of. State of U.P. through Secretary (Excise) v. M/s Mcdowell and Company Ltd; 2022 (1) SCALE 206

PSC Recruitment – Decisions made by expert bodies, including the Public Services Commissions, should not be lightly interfered with, unless instances of arbitrary and mala fide exercise of power are made out. State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 (1) SCALE 157

Electricity Duty Act, 2016 (Maharashtra) – Charitable education institutions registered under the provisions of the Societies Registration Act and/or under the Maharashtra Public Trusts Act, are not entitled to any exemption from levy/payment of the electricity duty on or after 08.08.2016 i.e. from the date on which the Maharashtra Electricity Duty Act, 2016 came into effect. State of Maharashtra v. Vile Parle Kelvani Mandal, 2022 (1) SCALE 144

Election Law – Village Panchayats Act, 1959 (Maharashtra) – Ss. 10 A (2), 14 B (1), 16 (2) – Disqualification by State Election Commission – Disability from continuing as member – Divisional Commissioner had no jurisdiction to entertain the appeal against the order of the Collector under Section 14B(1). Shobhabai Narayan Shinde v. Divisional Commissioner, 2022 (1) SCALE 54

Constitution of India – Article 226 – Fresh Assessment. State of Andhra Pradesh v. S. Pitchi Reddy, 2022 (1) SCALE 52

Income ­Tax Act, 1961 – Ss. 143 (3), 40 – Surcharge on Taxes Act, 1957 (Kerala) – S. 3 (1) – General Sales Tax Act, 1963 (Kerala) – S. 5 (1) (b) – Assessment of Income – Amounts not deductible – Levy of surcharge on sales and purchase taxes. Kerala State Beverages Manufacturing and Marketing Corporation Ltd. v. Assistant Commissioner of Income Tax Circle 1(1), 2022 (1) SCALE 36

Reserve Bank of India Act, 1934 – Banking Regulation Act, 1949 – S. 35 A – Companies Act, 1956 – Ss. 441, 531 – Fraudulent Preference – Power of the Reserve Bank to give directions – Commencement of winding up by tribunal. Small Industries Development Bank of India v. M/s SIBCO Investment Pvt. Ltd., 2022 (1) SCALE 16

Arbitration and Conciliation Act, 1996 – Section 34 (4) – Under guise of additional reasons and filling up the gaps in the reasoning, no award can be remitted to the Arbitrator, where there are no findings on the contentious issues in the award. I Pay Clearing Services Pvt. Ltd. v. ICICI Bank Ltd., 2022 (1) SCALE 7

Service Law – If a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to financial upgradation only because she has suffered stagnation. Union of India v. Manju Arora, 2022 (1) SCALE 1

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