Education Law – RTE Act, 2009 – Section 23 – Minimum Qualifications for Teachers – Teacher Eligibility Test (TET) – Appellants appointed as Assistant Teachers in 2012 without TET qualification – First TET held in November 2011 – Both appellants cleared TET subsequently (2011 and 2014) – Their services terminated in 2018 for not possessing TET at the ...
Service Law – Recruitment Cancellation – Prospective Candidate’s Right – Advertisement No. 2 of 2016 invited applications for Assistant Professors – Petitioner No.2 appeared for interview and was found selected – Chancellor annulled process citing UGC amendments and ongoing litigation – Held: Cancellation was arbitrary since the amendments were prospective...
Arbitration – Section 9 Application – Maintainability Post-Award – Execution Stage Reached – Interim injunction against film release refused – Applicant sought injunctive relief against respondents from exploiting movie Akhanda II until arbitral award of ₹27.70 Cr. with interest is paid – Award attained finality in August 2021 after SLP dismissal – Appli...
Tenancy – Eviction – Bona Fide Requirement – Greater Hardship – Landlord's Requirement Upheld – Section 16(1)(g) Maharashtra Rent Control Act – Landlord pleaded bona fide requirement of tenanted room for personal residential use due to growing family and marriage of son – Defendants had purchased alternate house in Bhusawal and were not residing in sui...
Motor Accident Claim – Fatal Accident – Final-Year Medical Student – Future Prospects – Assessment of Deemed Income – Enhanced Compensation Awarded – Deceased was a final-year MBBS student killed in a bus accident – Tribunal awarded compensation of ₹54,80,000 on notional income of ₹35,000 per month with 50% future prospects and multiplier M-17 – ...
Civil Procedure Code – Rejection of Plaint – Cause of Action – Partition Suit Filed Without Challenging Gift Deed – Maintainability – Respondent (Plaintiff) filed suit for partition and possession without seeking declaration challenging the registered gift deed dated 02.12.2014 – Trial Court rejected plaint under Order 7 Rule 11(a) CPC, holding absence of cause ...
Service Law – Transfer – Panchayat Secretaries – Effect of District Bifurcation – Appellants transferred outside their preferred native district after bifurcation of Y.S.R. Kadapa District into Kadapa and Annamayya – Petitioners contended that transfer orders issued by the District Collector failed to consider online counselling options and contravened G.O.Ms.No.5 dat...
Insurance Law – Life Insurance – Suppression of Material Facts – Section 45 Insurance Act – Appellant’s husband obtained life insurance and died within six months of issuance – Claim repudiated by LIC alleging non-disclosure of diabetes, hypertension, and chronic renal failure – Trial Court decreed suit holding LIC failed to prove suppression – Appel...
Civil Law – Partnership Property – Validity of Transfer – Appeal challenging dismissal of suit seeking possession, mesne profits, and cancellation of documents relating to partnership property – Plaintiffs claimed that Defendant No.1 transferred the sole immovable asset of the partnership firm (suit property) to Defendant No.2 without Plaintiff No.2’s consent, in cont...
Arbitration – Ineligibility of Arbitrators – Section 12(5) read with Seventh Schedule – Tribunal comprising employees of respondent declared void ab initio – Held: Clause 64(7) of GCC provides for applicability of Arbitration Act, 1996 and statutory modifications – Conduct of both parties invoking amended provisions, including Section 33, shows implied agreement to ap...