Tag: Beneficial Legislation

Landmark Ruling: Supreme Court Says Two Companies Are One for EPF Compliance
Supreme Court

Landmark Ruling: Supreme Court Says Two Companies Are One for EPF Compliance

The Supreme Court upheld the clubbing of two pharmaceutical companies under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, emphasizing the principles of unity of ownership, management, functional integrality, and financial unity. The Court rejected the argument that separate juristic entities preclude clubbing, affirming that the EPF Act, as a beneficial legislation, must be interpreted to prevent evasion. The decision reiterated that multiple factors, including common premises, shared infrastructure, and unified management, cumulatively determine whether entities constitute a single establishment. The judgment reinforced the authorities' discretion to assess dues retrospectively once clubbing is established. Facts Of The Case: The case involved M/s Torino Laborat...
Supreme Court Rules Customs Duty Drawback Circular Has Retrospective Effect
Supreme Court

Supreme Court Rules Customs Duty Drawback Circular Has Retrospective Effect

The Supreme Court held that Circular No. 35/2010-Cus. dated 17.09.2010, which clarified the entitlement of merchant exporters to claim 1% All Industry Rate (AIR) customs duty drawback irrespective of availing CENVAT benefits, was clarificatory and declaratory in nature. Consequently, the Court ruled that the Circular must be applied retrospectively, ensuring uniform benefits from 2008 onwards. The judgment emphasized that clarificatory circulars, which resolve ambiguities in existing notifications without creating new rights, operate retrospectively to align with the legislative intent. The High Court's order denying retrospective application was set aside. Facts Of The Case: The appellant, M/s Suraj Impex (India) Pvt. Ltd., a merchant exporter of Soyabean Meal (SBM), claimed All Industr...
Supreme Court Overturns Contributory Negligence in Fatal Bike Crash, Awards Full Compensation
Supreme Court

Supreme Court Overturns Contributory Negligence in Fatal Bike Crash, Awards Full Compensation

The Supreme Court quashed the contributory negligence finding, holding the car driver solely liable for the 2009 accident. It ruled that the High Court erred by ignoring eyewitness testimony (PW-4) and a crucial site plan proving the motorcyclist was on his correct side. Full compensation was restored as deductions under Section 168 of the Motor Vehicles Act, 1988, were invalid. The Court emphasized beneficial interpretation in accident claims and permitted late evidence admission given the summary nature of proceedings. Facts Of The Case: On July 26, 2009, Gautam (22 years, bachelor) drove a new motorcycle (insured by Bajaj Allianz) with Harpal Singh (30 years, pillion rider) near Kaithal, Haryana. An Alto car (insured by New India Assurance), driven by Gulzar Singh, collided head-on wi...