Land Acquisition – Enhancement Parity After Co-claimants’ Remand – Review and Article 142 – Appeals Dismissed – Appellants’ High Court appeals concluded by common judgment dated 11.10.1984 at ₹4,000 per bigha – co-claimants (Pratap Singh & Ors.) alone appealed to Supreme Court, obtained remand, and later enhancement – Appellants filed belated r...
Arbitration – Non-speaking award – Limited scope of interference under Section 30 – Interference set aside – Award recited consideration of pleadings and documents; absent proof of arbitrator’s misconduct, excess of jurisdiction, or error apparent, courts cannot probe reasons or re-appraise evidence – High Court erred in assuming arbitrator ignored conditional r...
Land Acquisition – Section 17(4) – Dispensation of Section 5A inquiry – Non-application of mind – Invalid – Section 5A inquiry embodies a valuable right to object and persuade authorities against acquisition – Power to exclude it under urgency clause must be exercised with conscious application of mind – Mere existence of urgency under Section 17(1) or unf...
Education Law – Reservation - All India Quota – MBBS/BDS admissions – 15% quota must be fully effective – States/colleges cannot reduce quota by late counseling or withholding seats – Any deliberate delay to revert seats to State quota deprecated – Strict compliance with admission schedule mandatory [Paras 2–7, 13–14].
Admission Schedule – B...
Environmental Protection – Taj Trapezium Zone – Brick Kilns – Committee Mechanism – Pursuant to Court’s order dated 11.09.2003, a Special Committee comprising representatives of CPCB, ASI, MoEF and UPPCB was constituted to decide applications for restarting kilns – Applications pending before Court dismissed as withdrawn with liberty to approach Committee &ndash...
Competition Commission – Selection of Chairperson/Members – Rule 3 of the 2003 Rules – Separation of Powers – Judicial Primacy Sought – Adjudication Deferred - Petitioner (advocate) assailed Rule 3 as unconstitutional, urging CJI-led selection and a judicial Chair; Union described CCI as an expert/regulatory body and placed on record proposed amendments to provide a C...
Administrative Tribunals – Abolition of State Administrative Tribunal – Section 74(1) of M.P. Reorganisation Act – Constitutionality Upheld – Petitioners challenged the abolition of the M.P. State Administrative Tribunal and questioned the vires of Section 74(1) of the M.P. Reorganisation Act, 2000 – Held: Parliament was competent to enact the provision empowering suc...
Medical Education – Post-Graduate Admissions – All-India Quota – Prospective Application of Judgment – Clarification Allowed – Following the Constitution Bench judgment in Saurabh Chaudhary (2003), which increased the All-India PG quota from 25% to 50%, applications were filed seeking clarity on its applicability to ongoing admissions – Held: The judgment shall ...
Judicial Service Law – Pay Revision – Assistant Registrars – Writ of Mandamus – Jurisdiction of Chief Justice of High Court – Scope of Article 229 of Constitution – Approval Requirement – Judicial Review
Mandamus – Issuance Against Union of India – High Court directed Union of India to revise pay scale of Assistant Registrars from Rs. 2000-3...
Labour Law - Industrial Tribunal – Jurisdiction to recall award – Tribunal retains jurisdiction until award becomes enforceable (30 days after publication under Section 17A ID Act) – Application for recall made prior to enforceability – Tribunal not functus officio – Correct view taken by High Court relying on Grindlays Bank [Paras 15–16].
Review powers &ndas...