Central Goods and Services Tax Act, 2017, Section 107 -- Appeal - Order of assessment - Petitioner paid the 10% of disputed tax as required u/s 107 of the Act - No further tax can be recovered from petitioner in pursuance of order of assessment under appeal - In such circumstances, continuation of order of attachment and Garnishee is clearly impermissible and held, set..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - In order to decide an application U.O.7.R.11 CPC, Court has to evaluate the plaint only - In whole of plaint, there is no such averment from which it can be held that suit is barred by res judicata - Plaint cannot be rejected...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any type of construction over suit property or from changing the nature of suit land and transferring the same - Defendants reflected as sahayak as per Jamabandi relied upon by plaintiff - No evidence led to contrary by defendant though they claimed themselves to be occupancy..........
Consumer Protection Act, 1986, Section 21(a)(i) -- Pecuniary jurisdiction of National Commission - Claim made by complainant was not limited to deposit amount alone but also included compensation for mental agony, harassment and loss of income which brought the total claim well above Rs.1 crore - In consumer disputes, value of claim is determined not just by amount..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, 262(2) -- Discharge - Starting point of 60 days to file discharge petition as per S.250(1) BNSS, in sessions cases where no committal is possible - Held, starting point of 60 days can be counted from the date of supply of copies of documents as per S.262(1) BNSS, as principle in S.262(1) BNSS can be followed till the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Dispossession in violation of order of injunction - Amendment of plaint sought to seek consequential reliefs - Trial Court while allowing amendment held that proposed amendment involving question of encroachment and recovery of possession unless incorporated by way of amendment, real..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Tribunal after considering material on record held that deceased was a skilled worker and had accordingly determined his income - High Court erroneously taken the deceased to be an unskilled worker and reduced his assessed income without adequate reasoning being provided - No..........
Consumer Protection Act, 1986, Section 17 -- Consumer complaint - Unfair trade practice - Joint venture agreement - Construction of dwelling units - Appellants/owners of land entered into agreement with Respondent No.2 and also executed irrevocable power of attorney in his favour and Respondent No.2 on the basis of said documents entered into sale agreements with..........
Service -- Appointment - Post of primary school teachers - Qualification - B.Ed qualified candidates were held to be disqualified as per Devesh Sharma case delivered on 11.8.2023 - Petitioners having B.Ed qualification were appointed post 11.8.2023 - Completion of selection process prior to 11.8.2023 is not material - Date of appointment is important which is certainly..........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
