Electricity Act - Tariff Determination – Section 26 A.P. Electricity Reforms Act – Brief of Judgment – Annual tariff for 01.04.2000–31.03.2001 upheld by High Court – Before the Supreme Court, appellants urged that Section 26(9) procedure must be followed for tariff fixation and that Section 26(7) forbids classification/undue preference – Held: Annual tariff is d...
Acquisition Law - BDA Acquisition – Applicability of L.A. Act Section 11A/Section 6 – Not Applicable – The appellant sought to quash BDA acquisition contending that the award passed beyond Section 11A’s period caused lapse – Held: BDA Act is a special, self-contained code for planned development (List II Entry 5); it provides its own scheme for declaration (Section 19...
Civil Law - Summary Suit – Leave to Defend – Order 37 CPC – Leave Granted – Respondent filed a summary suit under Order 37 CPC based on a document termed as an indemnity/guarantee signed by the appellant bank's manager – Trial Court and High Court denied leave to defend, holding the defence as sham – Supreme Court held that triable issues existed regarding t...
Examination Law - Teacher Recruitment – Cancellation of Examination – Writs Challenging Selection Process – Judgment Allows Government Action – The Supreme Court allowed appeals filed against the High Court’s orders interfering with the Government of Andhra Pradesh’s decision to cancel the 1998 District Selection Committee examination in Anantapur District due t...
Service Law - Pay Parity – Equal Pay for Equal Work – No Absolute Right – High Court's Direction Set Aside – The respondent association sought parity of pay scale for Personal Assistants (P.A.s) in the Haryana Civil Secretariat with their counterparts in the Central Secretariat under the Fourth Central Pay Commission – The High Court allowed the petition based on ...
Employment Law - Public Employment – Bonus Marks for District and Rural Residents – Articles 14 and 16 – Circular dated 10.06.1998 granting 10 marks to residents of the district and 5 marks to residents of rural areas within the district – Held unconstitutional – Classification based primarily on residence dilutes merit and lacks rational nexus with the object of impr...
Property Law – Transfer of Immovable Property – Title Dispute – Appeal against concurrent findings of Trial Court and High Court decreeing plaintiff’s suit for possession, mesne profits, declaration, and injunction – Plaintiff relied upon Agreement to Sell, GPA, Affidavit, Receipt, and Registered Will to claim title – Supreme Court held that such documents do no...
Arbitration Law – Interim Measure – Section 9 Arbitration Act – Relief Granted – The Petitioner sought interim protection to secure claims arising out of breach of a Gas Supply Agreement (GSA) where the Respondent failed to meet the Minimum Guaranteed Offtake (MGO) – Held: Under Section 9, the Court is empowered to grant interim measures for protection of contractual ...
Permanent Injunction – Lawful Possession Under Registered Lease – Protection Granted – Plaintiff obtained a mining lease under G.O.Ms.No.48 dated 25.02.2012 for pyrophyllite mineral excavation – Registered lease deed and mining work orders established lawful possession – Held: Possession under lease being lawful, plaintiff is entitled to protection from interference b...
Service Law – Recruitment Cancellation – Statutory Rules vs. Executive Instructions – Executive instructions cannot override statutory rules framed under proviso to Article 309 – NRP 2018 being an executive policy lacked statutory force – Recruitment process under Tripura State Rifles Act/Rules, TCS/TPS Rules, and Boilers Act governed by statutory framework – He...