Civil Writ – PIL - Right to Education – Safe Learning Environment – Article 21A – Enforceability – In light of the Kumbakonam school fire tragedy which killed 93 children due to lack of fire safety and building code compliance, the Court emphasized that the right to education under Article 21A includes the right to study in a safe and secure environment – Held: ...
Arbitration – Appointment of Arbitrator – Deviation from Contractual Clause – Clause 64 of the railway contract provided for a three-member Arbitral Tribunal consisting of serving Gazetted Railway officers – Respondent sought arbitration in 1999 but arbitration proceedings were repeatedly stalled due to resignations and non-cooperation from Railways – High Court appoi...
Service Law – Regularization – Home Guards – Phased Absorption Scheme Quashed – Respondents worked continuously for 12 to 23 years under the A&N Home Guards, performing duties of regular nature under police supervision – Tribunal and High Court had directed formulation of a Scheme for their regularization in accordance with Pantha Chatterjee – Authorities fr...
Constitutional challenge to Banking Laws (Amendment) Act, 1984 - Customary Bonus in SBI – Effect of Section 43A SBI Act/Section 12A Undertakings Acts/Section 50A Subsidiary Banks Act – Prohibition upheld – Parliament introduced non obstante provisions barring any bonus to SBI/public sector bank employees except under the Payment of Bonus Act – Held: Customary bonus dehors t...
Civil Procedure Code Amendments – Operative directions – Section 89 CPC, ADR & Mediation, Case Flow Management – Writs disposed with comprehensive directions – Supreme Court approves Committee Reports (ADR/Mediation Rules and Case Flow Management) and issues binding guidance on amended CPC provisions to secure speedy justice – High Courts to frame rules within fou...
PIL – Constitutional Validity of IMDT Act & Rules – Articles 14 & 355; Foreigners Act, 1946, Section 9 – IMDT Act Struck Down – Petitioner challenged IMDT Act, 1983 and Rules, 1984 as ultra vires; sought application of Foreigners Act, 1946/Foreigners (Tribunals) Order, 1964 in Assam – Held: IMDT Act/Rules unconstitutional; negate Union’s duty under Artic...
Arbitration – Limitation for Setting Aside Award – Sections 31(5) & 34(3) of Arbitration and Conciliation Act – Effective Delivery to “Party” – Limitation Runs from Chief Engineer’s Receipt – The arbitral award was delivered in the inward office of the General Manager, Southern Railway on 12.03.2001, but the Chief Engineer, who had signed the con...
Railway Accident – Untoward Incident – Compensation – Death of passenger due to robbery and fall from train – Tribunal awarded maximum compensation under Section 124A of the Railways Act but denied interest except on default after 45 days – Supreme Court held that right to compensation accrues from date of incident, and in absence of specific statutory bar, interest c...
Civil – Writ - NHRC Membership – Eligibility – Section 3(2)(d), Protection of Human Rights Act, 1993 – Police Officer as Member – Appointment Upheld – Challenge to appointment of former CBI Director as NHRC Member contending police officers are impliedly excluded and appointment violates Articles 14/21 and Paris Principles – Held: Section 3(2)(d) uses clea...
Land Acquisition – Market Value – Comparable Sales – Exclusion of DDA Brochure – Inclusion of Contemporaneous Sale Deeds – High Court wrongly relied on DDA brochure rates and excluded registered sale deeds for want of examination of parties – Supreme Court held: Allotment rates of small leasehold developed plots by DDA not reliable for determining market value o...