Land Revenue – Mutation – Will – Disputed Will – Maintainability – Respondents obtained mutation order based on a Will allegedly executed by Smt. Ramkunwar Bai – Petitioners objected to mutation citing dispute over genuineness of Will – Tehsildar allowed mutation – SDO entertained appeal but did not decide on merits – Revision by respondents un...
Public Tender – Blacklisting / Debarment – Perpetual Disqualification – Constitutional Validity – Tender condition stipulated that bidder “must not have been ever blacklisted or debarred” by any authority and that revocation of blacklisting is not permissible – Clause operated as a permanent embargo irrespective of duration or revocation of earlier blackli...
Arbitration Law – Liquidated Damages – Delay in Commissioning Power Project – Public Utility Contract – Solar Power Developer failed to commission 20 MW project within stipulated time under Power Purchase Agreement executed under Jawaharlal Nehru National Solar Mission – Delay of two months for first 10 MW and five months for remaining 10 MW admitted – Clause 4....
Service Law – Regularization – Contractual Employees – Sanctioned Posts – Article 14 – Appellants appointed in 2012 as Junior Engineers (Agriculture) against sanctioned vacant posts through a duly advertised selection process – Engagement labelled as contractual with yearly renewals – Services continued uninterrupted for more than a decade with satisfactor...
Tenancy Law - West Bengal Premises Tenancy Act, 1997 – Section 7(2) & 7(3) – Striking out of Defence – Non-compliance with order directing deposit of arrears and current rent – Tenant directed to deposit arrears for specific months and current rent within stipulated time – Tenant failed to deposit arrears within one month and did not seek extension within prescrib...
Arbitration – Section 34 – Scope of Interference – Court not to act as appellate authority – Re-appreciation of evidence impermissible – Interference warranted only in cases of patent illegality, perversity or violation of fundamental policy of law – Plausible interpretation of contract and evidence by Arbitral Tribunal not open to challenge [Paras 41–43]....
Public Interest Litigation – Maintainability – Stem Cell Therapy for ASD – Maintainable – The Supreme Court held the writ petition to be maintainable as it raised an issue of public importance concerning the regulatory framework for stem cell therapies for Autism Spectrum Disorder (ASD), despite contentions regarding commercial interests – The petitioners were found t...
Constitutional Law – Right to Education – Article 21A, Constitution of India, 1950 – Affirmed – The right to education is a fundamental human right and a 'multiplier right' that enables the exercise of other human rights – it forms an integral part of the broader framework of the right to life and human dignity, which cannot be fully realized without meaningfu...
Ceiling on Land Holdings – Proceedings under Section 10(2) and Section 29 – Cut-off Date – Land acquired through consolidation by adverse possession – Order of Consolidation Officer attaining finality – Relevant date for determination of surplus land is the date of acquisition under Section 29 and not 08.06.1973 – Determination of surplus land by applying wrong ...
Specific Performance – Readiness and Willingness – Concurrent Findings – Plaintiff sought specific performance of agreement for sale of flat – Trial Court and First Appellate Court held plaintiff not ready and willing – Findings based on conduct, delay and insistence on non-essential condition – Held: No perversity or misreading of evidence warranting interferen...