service matter= All these eleven persons, who were engaged by one K.D.S. College (respondent No.8 in these proceedings) situate within the jurisdiction of P.S. Gogari, District Khagaria, Bihar, wanted regularisation of their services and payment of salary based on such regularisation.=The crucial question is if their initial appointment by the Managing Committee was in consonance with Article 14 of the Constitution of India by open advertisement and competitive merit selection. On account of various interpretations by more than one Bench of M.L. Kesari (supra) reference was made to the Full Bench. We have already noticed from the order refusing regularization dated 13.08.2003 that the appointment of the Appellants on daily wage was not in consonance with the law.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2356 OF 2018 UPENDRA SINGH …..APPELLANT(S) VERSUS … Continue reading service matter= All these eleven persons, who were engaged by one K.D.S. College (respondent No.8 in these proceedings) situate within the jurisdiction of P.S. Gogari, District Khagaria, Bihar, wanted regularisation of their services and payment of salary based on such regularisation.=The crucial question is if their initial appointment by the Managing Committee was in consonance with Article 14 of the Constitution of India by open advertisement and competitive merit selection. On account of various interpretations by more than one Bench of M.L. Kesari (supra) reference was made to the Full Bench. We have already noticed from the order refusing regularization dated 13.08.2003 that the appointment of the Appellants on daily wage was not in consonance with the law.

corporate laws = National Highway Authority of India -vs -M/s. T.K. Toll Road Pvt. Ltd. = since there was no arbitration agreement between the parties, the petition under Section 9 of the Act was not maintainable.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2439 OF 2018 (ARISING OUT OF SLP … Continue reading corporate laws = National Highway Authority of India -vs -M/s. T.K. Toll Road Pvt. Ltd. = since there was no arbitration agreement between the parties, the petition under Section 9 of the Act was not maintainable.

service matter = a practicing Advocate of Rajasthan High Court, questioning the Notification dated 12.05.2017 appointing respondent Nos.2 and 3 as Additional Judges of Rajasthan High Court. = It is a matter of common knowledge that most of the judicial officers get a chance for elevation when only few years’ service is left. Thus, when unduly long time is taken, even this lesser tenure gets further reduced. It also gives rise to the situation like the present one. Equally, members of the Bar, whose names are recommended for elevation to the High Court, undergo hardships of a different kind. It is unjust that the fate of such persons remains in limbo for indefinite periods and gives rise to unnecessary conjectural debates. = It leads to unpleasant situations which can be avoided. It is, therefore, in the interest of all the stakeholders, including the judiciary, that definite timelines are drawn for each stage of the process, so that process of appointment is accomplished within a time bound manner. We need not say more. It is more so, to keep hope and aspiration of litigants alive and to fulfil the commitment of providing a speedy justice the process of appointment of Judges of the High Court needs more expedition at the hands of all who have to discharge the constitutional obligation entrusted by the Constitution of India.

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.835 OF 2017 SUNIL SAMDARIA … PETITIONER VERSUS UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF LAW AND JUSTICE AND OTHERS         … RESPONDENTS J U D G M E N T ASHOK BHUSHAN, J. This   writ   petition   … Continue reading service matter = a practicing Advocate of Rajasthan High Court, questioning the Notification dated 12.05.2017 appointing respondent Nos.2 and 3 as Additional Judges of Rajasthan High Court. = It is a matter of common knowledge that most of the judicial officers get a chance for elevation when only few years’ service is left. Thus, when unduly long time is taken, even this lesser tenure gets further reduced. It also gives rise to the situation like the present one. Equally, members of the Bar, whose names are recommended for elevation to the High Court, undergo hardships of a different kind. It is unjust that the fate of such persons remains in limbo for indefinite periods and gives rise to unnecessary conjectural debates. = It leads to unpleasant situations which can be avoided. It is, therefore, in the interest of all the stakeholders, including the judiciary, that definite timelines are drawn for each stage of the process, so that process of appointment is accomplished within a time bound manner. We need not say more. It is more so, to keep hope and aspiration of litigants alive and to fulfil the commitment of providing a speedy justice the process of appointment of Judges of the High Court needs more expedition at the hands of all who have to discharge the constitutional obligation entrusted by the Constitution of India.

corporate laws – M.V. Act – Insurance laws – personal expenditure was fixed from 1/3 to 1/2 as dependents are majors= The deduction made for personal expenses at 1/3 is very low keeping in view the fact that the claimants are his two major sons and two grand­daughters. – We feel that 50% deduction is called for and if this factor is taken into consideration then the loss of dependency is Rs.1,82,250/­ and if multiplier of 5 is used, the compensation works out to Rs.9,11,250/­.

1 ‘NON­REPORTABLE’ IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITON (C) NO(S).13931 OF 2017 NEW INDIA … Continue reading corporate laws – M.V. Act – Insurance laws – personal expenditure was fixed from 1/3 to 1/2 as dependents are majors= The deduction made for personal expenses at 1/3 is very low keeping in view the fact that the claimants are his two major sons and two grand­daughters. – We feel that 50% deduction is called for and if this factor is taken into consideration then the loss of dependency is Rs.1,82,250/­ and if multiplier of 5 is used, the compensation works out to Rs.9,11,250/­.

Erroneous findings are liable to be set aside = We fail to understand how the High Court could come to this conclusion. In the written statement the defendant had denied the averments made in Para 2 of the plaint. The defendant had denied that he had received Rs.92,000/­ as earnest money. There was no admission by him of any of the allegations. The reasoning given by the High Court is specious and cannot stand scrutiny. The High Court did not discuss the evidence at all and erred in setting aside the concurrent findings of both the Courts.

1 ‘NON­REPORTABLE’ IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 2435  OF 2018 (@SLP (C) NO(S).34464 … Continue reading Erroneous findings are liable to be set aside = We fail to understand how the High Court could come to this conclusion. In the written statement the defendant had denied the averments made in Para 2 of the plaint. The defendant had denied that he had received Rs.92,000/­ as earnest money. There was no admission by him of any of the allegations. The reasoning given by the High Court is specious and cannot stand scrutiny. The High Court did not discuss the evidence at all and erred in setting aside the concurrent findings of both the Courts.

corporate laws – tax laws- Rajasthan Sales Tax Act, 1994, – when sale price reduced – assessee is entitled for refund of excess sale tax paid = refund of the sales tax paid on the excess sale amount i.e. Rs.37/­. The case of the assessee was that he had paid tax on the provisional price of Rs.682/­ per cylinder. After the price had been reduced to Rs.645/­, he was only entitled to Rs.645/­. The oil companies had taken refund of the amount of Rs.37/­ and, therefore the tax paid on the excess amount be refunded to him. The assessee also urged that this amount of Rs.37 should not be counted in its total turnover. = though the assessee may have received Rs.682/­ per cylinder, it was under a legal obligation only to receive that price which was fixed by the MoP & NG. This price could have been higher than Rs.682/­ per cylinder, in which event the assessee would have had to collect and deposit with the Rajasthan Sales Tax Department sales tax on the excess amount. However, since the price of the cylinder has been reduced, the assessee cannot charge more than the price fixed, is bound to refund the excess amount collected and is therefore legally entitled to get refund of the tax paid on the excess amount. – In view of the above discussion, we allow the appeals, set aside the judgment of the High Court and direct that the assessee shall be refunded the amount of sales tax paid on the excess amount. The order of the Deputy Commissioner is restored. The assessee shall be entitled to interest at the rate of 9% per annum on the amount payable to it from the date of the order of the Deputy Commissioner till payment of the amount.

1 ‘REPORTABLE’ IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 2431 OF 2018 (@SLP (C) NO(S).23659 … Continue reading corporate laws – tax laws- Rajasthan Sales Tax Act, 1994, – when sale price reduced – assessee is entitled for refund of excess sale tax paid = refund of the sales tax paid on the excess sale amount i.e. Rs.37/­. The case of the assessee was that he had paid tax on the provisional price of Rs.682/­ per cylinder. After the price had been reduced to Rs.645/­, he was only entitled to Rs.645/­. The oil companies had taken refund of the amount of Rs.37/­ and, therefore the tax paid on the excess amount be refunded to him. The assessee also urged that this amount of Rs.37 should not be counted in its total turnover. = though the assessee may have received Rs.682/­ per cylinder, it was under a legal obligation only to receive that price which was fixed by the MoP & NG. This price could have been higher than Rs.682/­ per cylinder, in which event the assessee would have had to collect and deposit with the Rajasthan Sales Tax Department sales tax on the excess amount. However, since the price of the cylinder has been reduced, the assessee cannot charge more than the price fixed, is bound to refund the excess amount collected and is therefore legally entitled to get refund of the tax paid on the excess amount. – In view of the above discussion, we allow the appeals, set aside the judgment of the High Court and direct that the assessee shall be refunded the amount of sales tax paid on the excess amount. The order of the Deputy Commissioner is restored. The assessee shall be entitled to interest at the rate of 9% per annum on the amount payable to it from the date of the order of the Deputy Commissioner till payment of the amount.

corporate laws – Excise laws – sale of liquor along and in the proximity of highways = the state governments would not be precluded from determining whether the principle which has been laid down by this Court in the order dated 11 July 2017 in Arrive Safe Society (supra) should also apply to areas covered by local selfgoverning bodies and statutory development authorities. We are inclined to allow the state governments to make this determination since it is a question of fact as to whether an area covered by a local self-governing body is proximate to a municipal agglomeration or is sufficiently developed as to warrant the application of the same principle. In deciding as to whether the principle which has been set down in the order dated 11 July 2017 should be extended to a local self-governing body (or statutory development authority) the state governments would take recourse to all relevant circumstances including the nature and extent of development in the area and the object underlying the direction prohibiting the sale of liquor on national and the state highways. The use of the expression ‘municipal areas’ in the order dated 11 July 2017 does not prevent the state governments from making that determination and from taking appropriate decisions consistent with the object of the orders passed by this Court. We leave it open to individual licensees to submit their representations to the competent authorities in the state governments if they are so advised upon which appropriate decisions may be taken by the state governments.

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MA Nos 489-491/2018, 366-368/2018, 392-394/2018, 395-397/2018, 388- 390/2018, 1543-1545/2017, 1546-1548/2017 … Continue reading corporate laws – Excise laws – sale of liquor along and in the proximity of highways = the state governments would not be precluded from determining whether the principle which has been laid down by this Court in the order dated 11 July 2017 in Arrive Safe Society (supra) should also apply to areas covered by local selfgoverning bodies and statutory development authorities. We are inclined to allow the state governments to make this determination since it is a question of fact as to whether an area covered by a local self-governing body is proximate to a municipal agglomeration or is sufficiently developed as to warrant the application of the same principle. In deciding as to whether the principle which has been set down in the order dated 11 July 2017 should be extended to a local self-governing body (or statutory development authority) the state governments would take recourse to all relevant circumstances including the nature and extent of development in the area and the object underlying the direction prohibiting the sale of liquor on national and the state highways. The use of the expression ‘municipal areas’ in the order dated 11 July 2017 does not prevent the state governments from making that determination and from taking appropriate decisions consistent with the object of the orders passed by this Court. We leave it open to individual licensees to submit their representations to the competent authorities in the state governments if they are so advised upon which appropriate decisions may be taken by the state governments.