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...
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 –...