Individuals Who Are Not Homebuyers Can Approach RERA If Aggrieved: Odisha REAT

The Odisha Real Estate Appellate Tribunal has ruled that even a person who is not a homebuyer can approach the Odisha Real Estate Authority with a complaint under RERA. It set aside an order of the Odisha Real Estate Regulatory Authority which had dismissed a complaint as not "maintainable”.The tribunal held that the authority wrongly refused to examine whether a project had been...

Labour & Service Law Annual Digest 2025

Allahabad High Court Allahabad High Court Orders Inquiry Against Officers Responsible For Flawed Compassionate Appointment Case Title: Vikrant Sengar v. State Of U.P. And 3 Others [WRIT - A No. - 17732 of 2022] The Allahabad High Court recently denied relief to a petitioner dismissed from service on grounds that he obtained compassionate appointment without disclosing full...

Penalty U/S 45A KGST Act Cannot Be Initiated Beyond 'Reasonable Time' Despite No Prescribed Limitation Period: Kerala High Court

The Kerala High Court held that even though Section 45A of the Kerala General Sales Tax Act, 1963 (KGST Act) does not prescribe any limitation period, penalty proceedings must be initiated within a reasonable time. Justices A. Muhamed Mustaque and Harisankar V. Menon stated that since the notice was issued with reference to the assessment year 2011-12, the period of five years had...

Interest Stated In Invoices Not Counted To IBC Threshold Without Debtor's Acceptance : NCLT Delhi

The National Company Law Tribunal (NCLT) at New Delhi recently reiterated that interest mentioned only in invoices cannot be counted for meeting the insolvency threshold unless there is clear evidence that the corporate debtor accepted liability to pay such interest. A bench of Judicial Member Mahendra Khandelwal and Technical Member Anu Jagmohan Singh observed, “Merely because the...

No Service Tax Payable On Laying Of Cables Under Or Alongside Roads: CESTAT Kolkata

The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that consideration received for laying of underground telecom/optical fibre cables under or alongside roads is not liable to service tax. Ashok Jindal (Judicial Member) and K. Anpazhakan (Technical Member) opined that the entire demand confirmed in the impugned order under these specific categories...

Failure To Transfer Khata After Property Possession Breaches RERA: Karnataka RERA

The Karnataka Real Estate Regulatory Authority (K-RERA) has recently directed a Bengaluru-based real estate developer to transfer Khata in the names of homebuyers within 30 days, holding that a prolonged delay after execution of the sale deed and delivery of possession violated the Real Estate (Regulation and Development) Act, 2016. A Khata is an official property record maintained...

Wife Outshines 'Uncle' In 'Closest Legal Heir Test' Under Section 2 (Wa) CrPC: Allahabad High Court

Recently, the Allahabad High Court has held that the wife will outshine 'uncle' in 'closest legal heir test' under Section 2 (wa) of Cr.P.C.Section 2(wa) of CrPC defines 'victim' as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir. In...

GST | Mismatch In E-Way Bill Destination Is Substantive Violation, Not Bonafide Error: Madhya Pradesh High Court

The Madhya Pradesh High Court, in a matter where Invoices and Consignment Note mentioned the correct destination address, but E-way Bill mentioned another address, has dismissed the writ petition. In a recent order, a Division Bench comprising Justice Vivek Rusia and Justice Pradeep Mittal emphasized on how during transportation of the goods 'no steps' were taken to correct the mistake...

Round Up 2025| Supreme Court Judgments On Judicial Service

No Quota For Judicial Officers In District Judge Posts : Supreme Court Issues Guidelines On Seniority In Higher Judicial ServiceThe Supreme Court ruled out any special quota/weightage for promotee judges in the posts of District Judges, observing that there is no nationwide pattern of disproportionate representation of direct recruits in the Higher Judicial Service.The Court observed that...

Arbitrator Cannot Disregard Interest Clause In Invoices While Enforcing Arbitration Clause Contained In Them: Delhi High Court

The Delhi High Court has held that once invoices are accepted as binding contractual documents, an arbitral tribunal cannot selectively enforce some clauses while ignoring other clauses contained in the same invoices. Allowing the appeal under section 37 of the Arbitration and Conciliation Act (Arbitration Act), Justice Chandrasekharan Sudha set aside an arbitral award on the ground...

20 Yrs On, Delhi High Court Quashes CISF Officer's Compulsory Retirement Over Unsubstantiated Sexual Harassment Allegations

The Delhi High Court has set aside the compulsory retirement of a CISF Assistant Commandant nearly 25 years after the disciplinary action was taken, holding that the punishment was founded on unsubstantiated allegations.A division bench of Justices Dinesh Mehta and Vimal Kumar Yadav observed,“Having regard to the fact that a period of about 25 years has since passed and the petitioner...

Delhi High Court Upholds Stepfather's POCSO Conviction, Says Child May Have Resiled Testimony Due To Fear Of Losing Shelter

The Delhi High Court has upheld the conviction of a stepfather under the Protection of Children from Sexual Offences (POCSO) Act, observing that the victim-daughter may have retracted from her testimony due to fear of losing shelter, financial stability, and the desire to preserve the family unit, especially when the accused is a caregiver or breadwinner.Justice Amit Mahajan observed,“A...