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Karnataka High Court Dismisses Writ Petition Challenging Jurisdiction in GST Confiscation Case. Commercial Tax Officer Holds Proper Officer Status Under IGST Act Due to Cross Empowerment; Notification Only Required for Exceptions.

The petitioner, a proprietorship concern engaged in trading arecanut, filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

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Supreme Court Quashes Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

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Bombay High Court Allows Petition Challenging Remand Order by Appellate Authority Under Payment of Gratuity Act. Section 7(8) of the Payment of Gratuity Act, 1972 Does Not Confer Power to Remand; Appellate Authority Must Decide Appeal on Merits.

The petitioner, Dr. Gajanan Vithoba Jain, a former employee of the respondent-management running Shiv Vaibhav College of Education, Wardha, filed an a...

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High Court of Karnataka Dismisses Writ Petition of Guarantor Challenging Dismissal of Application to Set Aside Sale Under Order XXI Rule 90 CPC. Guarantor Failed to Prove Material Irregularity or Fraud Causing Substantial Injury in Execution Sale.

The petitioner, Smt. K. Gayathri Mallya, was the judgment debtor No.2 and a guarantor for a loan obtained by respondent No.4 (judgment debtor No.1) fr...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Dismisses Letters Patent Appeal as Not Maintainable Against Single Judge Order in Landlord-Tenant Dispute. Appeal Under Clause 15 of Letters Patent Not Maintainable Where Single Judge Exercises Supervisory Jurisdiction Under Article 227 Over Civil Court Orders.

The case arose from a landlord-tenant dispute. The respondents (landlords) had filed a civil suit for eviction of the appellant (tenant). The trial co...