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Supreme Court Dismisses Revenue's Appeal, Classifies Car Matting as Carpet Under Chapter 57 of Central Excise Tariff Act, 1985. HSN Explanatory Notes and Specific Description Principle Applied to Hold That Car Matting Is More Specifically Described as Carpet Than as Motor Vehicle Accessory.

The case involved two appeals by the Commissioner of Central Excise, Delhi-III against a common decision of the Customs Excise & Service Tax Appellate...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

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Bombay High Court Allows Appeal of Widow and Children in Employee's Compensation Claim for Heart Attack Death. Liberal Construction of Pleadings Required Under Section 22 of Employee's Compensation Act, 1923.

The appellants, widow and children of the deceased truck driver, filed a claim under Section 22 of the Employee's Compensation Act, 1923, seeking comp...

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Bombay High Court Dismisses Section 9 Petition for Lack of Jurisdiction in Commercial Arbitration Dispute. Exclusive jurisdiction clause in agreement conferred jurisdiction on Hyderabad courts, not Bombay High Court.

The petitioner, Aniket SA Investments LLC, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures pe...

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Bombay High Court Upholds Termination of Company Paid Peon for Dereliction of Duty in Handing Over Leased Assets. Official Liquidator's recommendation for removal from service sanctioned due to grave misconduct in failing to ensure proper handover of leased equipment.

The Official Liquidator filed a report seeking sanction to terminate the services of Shri S.M. Shetty, a company paid Group 'D' Peon, for misconduct i...

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High Court of Karnataka Dismisses Criminal Revision Petitions in Cheating Case — Conviction Under Section 420 IPC Upheld. Court finds concurrent findings of fact based on credible evidence and no grounds for interference under revisional jurisdiction.

The case involves three criminal revision petitions filed by the petitioners against their conviction under Section 420 read with Section 34 of the In...

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High Court of Karnataka Dismisses Revision Petitions in Cheating Case — Conviction Under Section 420 IPC Upheld. Concurrent findings of fact regarding dishonest inducement and delivery of property in land sale transaction not interfered with.

The case involves three criminal revision petitions filed by the accused persons against their conviction under Section 420 read with Section 34 of th...

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Bombay High Court Allows Writ Petition of Oil Corporation in Octroi Abolition Case. Octroi Demands and Seizure of Depots Quashed as Municipal Council Lacked Authority After 1999 Amendment to Maharashtra Municipal Councils Act, 1965.

The petitioner, M/s. Bharat Petroleum Corporation Ltd. (BPCL), filed a writ petition under Article 226 of the Constitution of India before the Bombay ...