The distinction between private law and public law remedy was, fairly, settled by the Apex Court in LIC vs. Escorts India Ltd [(1986) 1 SCC 264], wherein a Constitution Bench has held thus: If the action of the State is related to contractual obligations or obligations arising out of the tort, the Court may not ordinarily…
The High Court of Andhra Pradesh in Secretary to Govt. Public Works and Transport Department, Andhra Pradesh and Ors. vs. Adoni Ginning Factory and Ors.[1] noted at para 28- “Freedom of contract is one thing. Right under a contract or right to performance of a contract is another. It is only the former that is…
Difference between the issue of new shares by a company and the transfer of shares already issued by a shareholder In the first case, it is the company which issues and allots the new shares. In the second, the transaction is a private arrangement and the company comes into the picture only for the purposes…
In Suraj Lamp and Industries Pvt. Ltd. vs. State of Haryana and Anr.[1], Supreme Court, with reference to its earlier judgments in Narandas Karsondas v. S.A. Kamtam and Anr.[2] and Rambaran Prosad v. Ram Mohit Hazra[3] observed that as per Section 54 of the Transfer of Property Act, a contract of sale or agreement of…
CASE LIST Chartered Accountants and Architects, Levy On All India Federation of Tax Practitioners & Ors. vs. Union of India, (2007) 7 SCC 527 Service tax was a value added tax or a general tax which applies to all commercial activities involving production of goods and provision of services. Difference between service tax and sales tax…