BOCW and welfare cess laws could be treated as subsequent legislation under highway contracts. The Supreme Court held that unless welfare boards and machinery were actually implemented, the cess could not be imposed retrospectively on contractors.
The ruling clarifies that investigation of corruption offences is not reserved exclusively for the CBI. State police agencies may proceed under the PC Act if statutory rank requirements are met.
The Supreme Court held that compensatory allowances form part of “ordinary wages” for overtime calculation. Executive circulars cannot override the clear mandate of Section 59(2).
The SC dismissed Revenue appeals holding reassessment notices unsustainable as the issue stood concluded by an earlier binding judgment. The ruling reinforces adherence to settled law in reopening cases.
The Supreme Court declined to quash the FIR despite claims of a civil dispute but held that custody was unnecessary after filing of the charge sheet. The accused were directed to appear and were assured bail, balancing prosecution with personal liberty.
The issue was whether a housing society could intervene in insolvency proceedings. The Court held that societies are distinct juristic entities and lack standing unless recognised as creditors or authorised representatives. The ruling clarifies strict limits on participation at the pre-admission stage.
Supreme Court held that under Section 138 of the NI Act, a separate cause of action arises upon each dishonour of a Cheque. Thus, multiple cheques arise from one transaction will give arise to separate prosecution u/s. 138 of NI Act.
Courts below treated an agreement to sell as a conveyance due to possession with the buyer. The Supreme Court ruled that without express or implied surrender of tenancy, no deemed conveyance arises.
The Supreme Court held that a suit for mandatory injunction is not maintainable where title, possession, and identity of land are seriously disputed. In such cases, the proper remedy is a suit for possession or declaration, not injunction alone.
The Supreme Court held that a joint committee is mandatory only when removal motions are admitted in both Houses. If admitted in one House alone, the Speaker or Chairman can validly constitute a committee.
