Writ - Maintainability of Writ Petition – Private Entities and Public Law Element – Writ Petition Not Maintainable - Petitioners contended maintainability of writ petition against private trusts performing public duties and receiving State regulation and funds – Held: Mere regulation by statute without financial, administrative or functional State control does not bring private e...
Arbitration – Challenge to Arbitral Award – Scope of Interference – Appeal against High Court Division Bench judgment setting aside Single Judge’s decision under Section 34 of the Arbitration and Conciliation Act, 1996 – Appellant awarded construction contract, delayed completion by about 10 months – Liquidated damages deducted by respondent – Arbitral tri...
Civil Law - Town Planning – Breach of License Conditions – Failure by Colonizer – Builder failed to develop land and fulfill allotment conditions for EWS, NPNL, and General Category plots leading to prolonged litigation and appointment of a Special Committee for resolution [Paras 1-4].
Special Committee – Extension of Mandate – Special Committee chaired by Justice ...
Civil Law - Land Acquisition – Return of Land – Land Acquisition Act, 1894 – Land Not Returned – Claim Rejected - Petitioner sought return of acquired land contending that project was abandoned and land was unused – Held: Under the Land Acquisition Act, 1894, there is no provision mandating return of acquired land for non-use – Claims for return upheld under Act...
Taxation Law - Goods in Transit – Physical Verification Report – No Discrepancy Found – Detention Unsustainable - Goods moving from Assam to Delhi intercepted in Uttar Pradesh – Despite availability of all required documents (Invoice, E-invoice, E-waybill, Bilty), authorities issued detention and subsequent demand – MOV-04 physical verification report noted no discrep...
Civil Law - Section 8 of the Arbitration Act - Arbitrability of Mutation Disputes – Challenge to Mutation Entry – Dispute Held Arbitrable – The petitioners filed a civil suit challenging a mutation entry — They contended that mutation matters under Section 45 of the Haryana Land Revenue Act must be decided by civil courts and are not arbitrable — The trial court allow...
Service Law - Pension Law - Pension Calculation – Deputation Allowance – Exclusion from Average Emoluments – Deputation Allowance Not Included - Petitioners contended that deputation allowance received during service on deputation should be included in the last drawn salary for calculating pension – Held: Deputation allowance cannot be treated as part of basic pay for pensi...
Facts – Land measuring 4 acres was granted in 1946–47 to Shri Ranga under a Saguvalli Chit confirmed in 1954 – The land was sold in 1969 to the appellants’ predecessor through a registered sale deed – In 1992, a distant relative of the original grantee filed an application under Section 5 of the PTCL Act seeking restoration – The Assistant and Deputy Commissione...
Service Law - Pension – Contractual Service Prior to Regularisation – Rule 17 CCS (Pension) Rules – Pension Allowed – Appellants were initially appointed as Data Entry Operators on contract under a government scheme and later regularised prospectively in 2015 – High Court denied pension benefits for contractual period – Supreme Court held that under Rule 17, reg...
Employment Law - Public Employment – Caste Discrepancy in Certificates – No Manipulation or Advantage – Termination Set Aside – Appellant appointed on merit as Assistant Teacher—TET certificate wrongly mentioned his caste as 'MBC' though he actually belonged to 'BC'—No evidence of manipulation or advantage—Recruiting agency did not cancel a...