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and UPPCB was constituted to decide applications for restarting kilns – Applications pending before Court dismissed as withdrawn with liberty to approach Committee &ndash...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...
Society and Trust Law – Religious Property Ownership Dispute – ISKCON Bangalore vs. ISKCON Mumbai – Long-standing dispute over title and management of ISKCON Bangalore resolved – Supreme Court held that ISKCON Bangalore, a registered Karnataka society, is the absolute titleholder of Schedule ‘A’ land allotted by Bangalore Development Authority (BDA) – Held...
Service Law – Suppression of Material Facts – Termination Justified – False Declaration in Attestation Form – Respondent, selected as a Physical Education Teacher, concealed information regarding pending criminal case in attestation form – Despite claim of Hindi medium education, held: False statement made knowingly – Certificate in attestation form confirms und...
Labour Law - Contract Labour – Regularisation – Articles 226, 227 of Constitution – Sections 7 & 10, Contract Labour (Regulation and Abolition) Act, 1970 – Dismissal of Appeals – Appellants employed as electricians through contractors for maintaining electricity in Government Medical College and Hospital – Sought regularisation under Chandigarh Administratio...
Land Acquisition – Constitutional Law – Absence of Solatium and Interest – Classification Valid – Defence of India Act Not Arbitrary – Sections 30 and 31 of the Defence of India Act, 1971, which provide for acquisition of requisitioned land and compensation without solatium or interest, challenged under Article 14 – Held: The classification between acquisitions ...
Motor Vehicles Act – Claim under Section 163-A – Borrower of Vehicle – Tortfeasor – Not Third Party – Claim Not Maintainable – Deceased, who died in a self-accident, had borrowed the vehicle from his brother and was driving it in a rash and negligent manner – Held: Once the deceased stepped into the shoes of the owner, he ceased to be a third party –...