Home » 21 Important Supreme Court Cases January 1 – 8, 2022

21 Important Supreme Court Cases January 1 – 8, 2022

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07.01.2022

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, https://caselaw.in/p=442

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, https://caselaw.in/p=449

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, https://caselaw.in/p=458

Penal Code, 1860 – Section 34 – Essence & Scope of. Jasdeep Singh @ Jassu v. State of Punjab, https://caselaw.in/p=448

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, https://caselaw.in/p=434

06.01.2022

Administrative Tribunals Act, 1985 – The power of judicial review of an order transferring an Original Application pending before a Bench of the Tribunal to another Bench under Section 25 of the Act can be judicially reviewed only by a Division Bench of the High Court within whose territorial jurisdiction the Bench passing the same, falls. Union of India v. Alapan Bandyopadhyay, https://caselaw.in/p=439

05.01.2022

Central Educational Institutions (Reservation in Admission) Act, 2006 – Ss. 2 (b), 3 – Central Educational Institutions (Reservation in Admission) Amendment Act, 2012 – Annual Permitted Strength – Reservation of seats in Central Educational Institutions – Scheduled Castes and Scheduled Tribes. Kshetrimayum Maheshkumar Singh v. Manipur University, https://caselaw.in/p=432

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; https://caselaw.in/p=454

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., https://caselaw.in/p=450

Land Law – Whether the land transaction in favour of the appellant -­ original defendant was illegal and in violation of Section 42 of the Rajasthan Tenancy Act, 1955 and Section 13 of the Rajasthan Colonization Act, 1954 being a person belonging to Scheduled Caste of State of Punjab ? Bhadar Ram v. Jassa Ram, https://caselaw.in/p=451

04.01.2022

Arbitration and Conciliation Act, 1996 – Once an application under Section 11(6) of the Act has been filed for appointment of an Arbitrator before the High Court, the respondents forfeited their right to appoint an Arbitrator and the High Court alone holds jurisdiction to appoint an Arbitrator in exercise of power under Section 11(6) of the Act. M/s Durga Welding Works v. Chief Engineer Railway Electrification, https://caselaw.in/p=453

Arbitration and Conciliation Act, 1996 – Ss. 14 r/w. 11 & 15 – Neutrality of Arbitrators.Ellora Paper Mills Limited v. State of Madhya Pradesh, https://caselaw.in/p=427

Central Excise Act, 1944 – Section 5A –  Foreign Trade Policy (FTP) – Power to grant exemption from duty of excise – Terminal Excise Duty (TED) – Refund of. Sandoz Pvt. Ltd. v. Union of India, https://caselaw.in/p=452

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, https://caselaw.in/p=426

Service Law – Defence Representative – Not permitting the delinquent officer to be represented through ex-­employee of the Bank in the departmental enquiry cannot be said to be in any way in breach of principles of natural justice and / or it violates any of the rights of the delinquent officer. Rajasthan Marudhara Gramin Bank (RMGB) v. Ramesh Chandra Meena, https://caselaw.in/p=428

03.01.2022

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. https://caselaw.in/p=422

Constitution of India – Article 226 – Fresh Assessment. State of Andhra Pradesh v. S. Pitchi Reddy, https://caselaw.in/p=424

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), https://caselaw.in/p=421

Labour Law – Disciplinary Proceedings – Industrial Court cannot give much stress on the acquittal of the workman by the criminal court. Maharashtra State Road Transport Corporation v. Dilip Uttam Jayabhay, https://caselaw.in/p=420

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., https://caselaw.in/p=417

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, https://caselaw.in/p=423

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