SUPREME COURT ON APPLICATION OF EXCLUSIVE JURISDICTION CLAUSES M/S Swastik Gases Pvt.Ltd vs Indian Oil Corp.Ltd[1] (2013) 9 SCC 32 Facts Respondents, Indian Oil Corporation (IOC) and IBP Ltd, (collectively “the Company“), was engaged in the business of storage, distribution of petroleum products and other related products. Appellant, M/s. Swastik Gases Private Limited, dealt in…
Suresh Babu vs. Asst. Superintendent of Police 2006(1)KLT647 Facts: Petitioner (P) was running a parcel service business. P filed a writ petition contending that his permanent employees who were exclusively engaged for loading and unloading work were covered under the Motor Transport Workers Act and, therefore, they need not be registered under the Kerala…
Mangalore Chemicals & Fertilizers Ltd. vs. Dy. Commissioner of Commercial Taxes & Ors. 1992 Supp (1) SCC 21 Key Words: Substantial, Procedural, Non-compliance, Statutory, Mandatory, Technicalilties Facts: Karnataka State Government issued a notification (1969) in order to provide certain incentives to entrepreneurs starting new industries in the State. The notification contained a package of reliefs…
Pandiyan Roadways Corpn. Ltd. v. N. Balakrishnan (2007) 9 SCC 755 Key Words: shall, directory, mandatory, substantive, procedural, prejudice, non-compliance Facts: Respondent herein was employed as a helper of Appellant. A criminal complaint was lodged against him for alleged commission of theft. A disciplinary proceeding was also initiated against him. In the disciplinary proceeding, he…
State Bank of Patiala & Ors. vs. S.K. Sharma (1996) 3 SCC 364 Key Words: non-compliance, substantial compliance, prejudice, substantive, procedural Facts: A disciplinary enquiry was held against the respondent in respect of certain charges. At the conclusion of the enquiry, a report was submitted by the enquiry officer holding both the charges established. The…
May George vs. Special Tahsildar & Ors. (2010) 13 SCC 98 Key Words: mandatory, directory, non-compliance, object and purpose, shall, prejudice, legislative intent Facts The case of the appellant was that a part of her land had been acquired under land acquisition proceedings without her being served with notice under Section 9(3)[1] of the Land Acquisition…
Raza Buland Sugar Co Ltd. vs. The Municipal Board, Rampur [1965] 1 SCR 970 Key Words: mandatory, directory, non-compliance, object and purpose, shall, prejudice, legislative intent Facts: Rampur Municipality, by a special resolution, proposed to levy property tax on persons or a class or persons. S. 131(3) is divided into two parts. The first part lays…
State of Haryana & Anr. vs. Raghubir Dayal (1995) 1 SCC 133 Key Words: mandatory, directory, non-compliance, object and purpose, shall, prejudice FACTS: In this case Punjab and Haryana High Court allowed a writ petition filed by the respondent holding that publication of the substance of the notification under Sections 4(1)[1] and 6 of the Land…