Land Acquisition – Sections 31 & 34 LAA – Non-deposit of compensation and liability for interest – Award dated 21.12.2004 not followed by deposit despite co-sharer dispute – Failure to deposit under Section 31 and absence of Section 12 notice to landowners noted – Held: Interest @ 9% p.a. from award/possession for one year and thereafter @ 15% p.a. is the statutor...
Service Law – Academic Arrangement Lecturers – Constitutional Validity of Exclusion from Regularization – Upheld – Petitioners appointed on academic arrangement basis sought regularization and struck down of Section 3(b), 10(2), and 10(2A) of the J&K Civil Services (Special Provisions) Act, 2010 – Held: Classification excluding academic arrangement appointees from...
Right to Education – Applicability of RTE Act to Minority Institutions – Reconsideration of Pramati – Court records serious doubts about Pramati which exempted all minority institutions (aided/unaided) from the “entirety” of the RTE Act without analysing provisions beyond Section 12(1)(c) – Finds blanket exclusion disproportionate and potentially sub-serviating ...
Education Law - Post-Graduate Medical Admission – Counselling Procedure – Validity of Rule Restricting Seat Change – Rule Disallowing Change of Subject or College After First Counselling Upheld - Government order provided that no change in allotted subject or college shall be permitted once exercised during counselling – Held: Rule is reasonable and prevents disruption of a...
Judicial Service – Eligibility Criteria – Local Practice Condition Held Unconstitutional – Rules 8(ii) and 15(ii) of Rajasthan Higher Judicial Service Rules, 1969 struck down – These rules required that advocates must have practised for 7 years in Rajasthan High Court or its subordinate courts to be eligible for appointment. Supreme Court held such territorial limitation as...
Arbitration – Award of Damages – Jurisdiction of Court under Section 30 of Arbitration Act – Award Set Aside – The appellant, a lottery agent for the State of Sikkim, was awarded Rs. 37.75 crores in damages by an Arbitrator after the State terminated the agreement due to defaults – The District Judge upheld the award, but the Sikkim High Court’s Division Bench d...
Validity of Maharashtra Ordinance X of 2001 – Retrospective Clarification Upheld – The dispute arose over the voting rights of member societies in the Kolhapur District Central Co-operative Bank elections, after the amendment to Section 27(3) of the Maharashtra Co-operative Societies Act restricted voting rights to societies completing three years of membership – Supreme Court he...
Constitutional Validity of Electricity Duty – Inter-State Sale – Constitutional Bar – Section 3 of the A.P. Electricity Duty Act and M.P. Electricity Duty Act – Taxation Not Permissible – The States of Andhra Pradesh and Madhya Pradesh levied duty on inter-State sales of electricity by NTPC Ltd. – Held: Electricity is 'goods', and its inter-State sale at...
Election Petition – Maintainability – Requirement of Material Facts – Section 83(1)(a) RP Act – Petition Dismissed - The petitioner alleged non-disclosure of assets, liabilities, and arbitral awards by the returned candidate and sought invalidation of the election – The Court held that the Election Petition lacked concise statement of material facts and failed to show...
NGT – Appeal under Section 22 NGT Act – Environmental Compensation of ₹18 Crore Imposed on Sugar Mill – Orders Set Aside – Appellant challenged NGT orders dated 15.02.2022 and 16.09.2022 which imposed 2% of annual turnover as environmental compensation based on a joint committee report alleging effluent discharge violations – Held: NGT acted in violation of Sections...