Pension – Delayed Absorption – Entitlement Recognized – Tribunal Order Set Aside – Petitioner served as Medical Officer at a government-acquired institution and was directed to be absorbed in 2005 – Absorption delayed till 2010 despite court orders – Court held delay attributable solely to State – Held:
Petitioner entitled to count service period fr...
Misuse of Court Process – Filing Second SLP After Dismissal of First – Abuse of Process – The petitioner filed a second Special Leave Petition against the same judgment already challenged and dismissed in the first SLP, without disclosure – The Court held it was a fraudulent misuse of judicial process and a deliberate concealment of facts by the petitioner and his counsel [...
ESI Contributions – Principal Employer – Criminal Liability – Conviction Upheld - The appellant was convicted for failure to deposit ESI contributions deducted from employees' wages for the period from 01.02.2010 to 31.12.2010 – The Trial Court and the High Court found that the appellant acted as General Manager and had actual control over the factory – Held: The ...
Arbitration Law - Arbitral Tribunal Jurisdiction – Non-Signatories – Consent is Key – Tribunal’s Power to Implead Upheld – The Court held that arbitral jurisdiction arises from the arbitration agreement and not procedural omissions – Non-service of Section 21 notice or exclusion from Section 11 application does not preclude impleadment if parties have consented ...
Labour Law - Industrial Disputes – Delay in Raising Dispute – Reinstatement Set Aside – Compensation Granted – Labour Court awarded reinstatement with continuity and back wages after delay of 13 years in reference – Held: Though termination violated Section 25(F), unexplained inordinate delay in raising the dispute cannot be ignored – Labour Court should have gr...
Civil Law - Cluster Redevelopment – MHADA Authority on Freehold Land – Upheld – No Vested Right with Private Developer - MHADA's redevelopment initiative on freehold land, supported by majority of housing societies, held valid under Regulation 33(9) DCPR – Private developer’s unregistered agreements with some residents do not confer enforceable rights – Appe...
Motor Accident Claim – Contributory Negligence – Sole Fault of Truck Driver – High Court Judgment Affirmed - Tribunal had found 50% contributory negligence by deceased biker – High Court, based on eyewitness and evidence, found sole negligence on part of truck driver – Supreme Court upheld this view as reasonable and consistent with record [Paras 1, 4–6].
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Writ Jurisdiction – Arbitration - Maintainability under Article 227 – Arbitral Tribunal subject to writ jurisdiction in exceptional cases – High Court held that constitutional powers under Article 227 cannot be ousted by Section 5 of the Arbitration and Conciliation Act – Where arbitral tribunal acts without jurisdiction or in violation of fundamental legal principles, writ...
Service Law – Regularisation in Higher Post – Petitioner Appointed as Peon but Entrusted Duties of Cashier – LongTerm Functioning in Higher Post Without Formal Promotion – Regularisation Ordered as Peon Ignoring Court Direction and Favourable Performance Report – Held: Petitioner qualified for regularisation in post of Cashier under 1984 Rules – Board failed to ...
Education Law – Distance Education Degrees – Cut-off Dates Declared Invalid – Earlier judgment had prescribed 29.03.2010 (Deemed/Private Institutions) and 01.11.2012 (State Universities) as cut-off dates for recognition – Held: Such cut-off dates arbitrary, violate Article 21A and right to education – No evidence of irregularities at study centres or exams conducted &...