Limitation Law – Applicability of Articles 58 vs. 113 – Suit for Refund – Declaration of Excess Freight by Tribunal – Special Leave Petition filed and dismissed by Supreme Court – Held: Limitation begins from final appellate order and not Tribunal’s order – Article 113 applies, not Article 58 – Time spent in bona fide writ proceedings and pendency be...
Royalty Law - Statutory Obligation vs. Contractual Recovery – Set-Off – Non-Permissibility – Appeal Dismissed – Union of India’s attempt to recover contractual dues (royalty arrears) from statutory payments (stowing assistance) due to the Coal Company – Held impermissible in equity or under CPC – Appeal dismissed – No costs [Paras 1, 3, 6, 9, 10, 11,...
SARFAESI Act – Constitutional Validity – Sections 13, 15, 17, 34 – Upheld Except Section 17(2) – The Act was challenged as arbitrary and violative of Articles 14 and 21 – Held: All provisions valid except Section 17(2), which required 75% pre-deposit and was struck down as arbitrary, onerous and violative of Article 14 – The Act otherwise serves public interest ...
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and UPPCB was constituted to decide applications for restarting kilns – Applications pending before Court dismissed as withdrawn with liberty to approach Committee &ndash...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...
Writ – Territorial Jurisdiction - Article 226(2) – Cause of Action – Parliament’s Seat Irrelevant – Passing of Law Not Sufficient – Writ Jurisdiction Depends on Cause of Action – The Court held that territorial jurisdiction under Article 226(2) turns on where the cause of action, wholly or in part, arises – the mere fact that Parliament is seated in ...
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...