Service Law – Pension Entitlement – Resignation vs. Voluntary Retirement – Regulation 22 – Pension Denied - Resigned bank employee with over 35 years of service sought pension benefits under 1995 Pension Regulations – Supreme Court held resignation and voluntary retirement are distinct service termination modes – Regulation 22 lawfully excludes pension benefits ...
Electricity Act - Tariff Determination – Wind Energy Projects – Accelerated Depreciation – Separate Tariff Permitted – Wind energy producers who did not avail of accelerated depreciation under the Income Tax Act are entitled to seek case-specific tariff determination from the GERC despite having entered into PPAs with a fixed tariff meant for those availing such depreciatio...
Environmental Law - Powers of Pollution Control Boards – Scope of Sections 33A and 31A – Restitutionary vs Punitive Action – Held: Pollution Control Boards can impose compensatory or restitutionary damages or require bank guarantees under Sections 33A and 31A as an ex-ante measure – This power is distinct from the punitive penalties that can only be imposed via adjudication...
Arbitration – Jurisdiction of Court under Section 34 – Statutory Arbitration under NH Act – Shivpuri Court's Jurisdiction Upheld – The appellant contended that only Gwalior courts had jurisdiction as the Arbitrator (Divisional Commissioner) was located there – The High Court held that in statutory arbitrations without an agreement designating a "seat", v...
Arbitral Award – Scope of Challenge under Section 34 – Award Not Interfered – Petition Dismissed – Petitioner challenged award rejecting claims for additional compensation, arguing misinterpretation of contract and failure to consider relevant evidence – Held: Court does not sit in appeal over arbitral award – Arbitrator acted within jurisdiction, assessed evide...
Civil Writ - Redevelopment – Jurisdiction under Section 79-A of MHAD Act – Notices Held Illegal – Petitioners challenged large-scale issuance of redevelopment notices by MHADA’s Executive Engineers under Section 79-A without following mandatory preconditions – Held: Such notices are ex-facie illegal as jurisdiction under Section 79-A is triggered only upon declaration...
Civil Law – Declaration and Recovery Suit - Maintainability of Suit – Collateral Challenge to Arbitral Award – Sections 5 & 34 of Arbitration Act – Suit Barred – Plaintiff filed a civil suit seeking to set aside an Arbitral Award by alleging newly discovered fraud in a prior commercial transaction which was already subject to arbitration – Held: The Arbitrat...
Service Law – Section 12(3) and 18(3) of the Industrial Disputes Act, 1947 - Section 47 of the Persons with Disabilities Act, 1995 - Premature Retirement – Medical Grounds – Alternate Employment Denied – Industrial Settlement Upheld – Appellant, a driver with TSRTC, was prematurely retired upon being declared colour blind – Corporation failed to explore alternat...
Motor Accident Claim – Compensation under Section 163A – Owner’s Legal Heir as Claimant – Conflict Noted – Reference to Larger Bench - The petitioner, a minor, sought compensation for the death of her parents, including her father who was also the owner of the vehicle – Tribunal allowed the claim but High Court held claim not maintainable as the owner could not ...
Arbitration Law - Arbitral Award – Challenge under Section 34 – Patent Illegality – Award Set Aside – The petitioner challenged the arbitral award passed under MSMED Act by the Council at Punjab, which directed the petitioner to pay Rs.1,99,29,166/- including interest – Grounds included that the award was non-speaking, ignored vital evidence, and rejected the counter-...