Electricity Act, 2003 — Jurisdiction of State Commissions — Inter-State Open Access — Validity of Regulation 26(7) — Upheld — Challenge to RERC's power to regulate inter-state open access rejected — Power sourced from outside Rajasthan but consumed within the state through its intra-state grid is subject to State Commission's regulatory control — S...
Land Law - Tribal Land Transfer – Competency of Authority – Section 165(6) M.P. Land Revenue Code – Permission Upheld – The State contended that the Additional Collector lacked authority to grant permission for transfer of tribal land – Held: The Additional Collector was duly authorized by the Collector as per the work allocation order dated 19.05.2017, hence competen...
Accident Claim - Directing The Insurer To Pay - Recover The Same From The Owner Of An Oil Tanker - Driving Licence Endorsement – Rule 9 CMVR – Requirement is Mandatory – Breach Proven – Driver of offending oil tanker lacked endorsement required under Rule 9 of the Central Motor Vehicles Rules for carrying hazardous goods – Held: Endorsement is essential and the syllab...
Service Law – Departmental Proceedings based on Same Allegations as Criminal Trial – Proceedings vitiated – The petitioner, a bank employee, was earlier acquitted honourably in a criminal trial arising out of alleged issuance of fraudulent CRIS certificates – Later, departmental proceedings were initiated on identical facts with the same witnesses – Held: Departmental...
Service Law - Departmental Proceedings – Finding of Misconduct – Limited Judicial Review – Court Cannot Reappreciate Evidence – Petitioner was found guilty of negligence and disobedience as Branch Manager—Held: Once disciplinary findings are supported by evidence and endorsed by Tribunal, High Court cannot interfere on mere alternate interpretations [Paras 4-5, 9].
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Contract Law - Breach of Agreement – Entitlement for Refund – Advance Sale Consideration Recoverable – The plaintiff paid ₹85 lakhs as advance for purchase of property under an agreement – Plaintiff alleged non-performance by defendant for failure to show title and extent of property – Defendant pleaded damages due to cessation of mill operations – Trial Court...
Civil Law - Specific Performance – Readiness and Willingness – Buyer Accepted Refund – Decree Set Aside – The Respondent-buyer accepted five demand drafts refunding majority of the earnest money after the seller issued a cancellation letter – The Supreme Court held that such acceptance and encashment evidenced unwillingness to perform the contract – Mere plea of...
IBC – Limitation for Filing Appeal – Strict Time Frame – Appeal Dismissed – Appellant failed to file appeals within the 30-day period mandated under Section 61(2) of IBC, and no sufficient cause shown for condonation within the further 15-day period – Supreme Court upheld NCLAT’s view that delay beyond permissible period is fatal – Liberal interpretation n...
Employment Law – Recognition of 18-Month D.El.Ed. – In-Service
Teachers Protected – Exclusion Set Aside – Teachers who were inservice as on 10th August 2017 and completed the 18-month D.El.Ed. course via NIOS before 1st April 2019 were entitled to be treated at par with 2-year D.El.Ed. holders – Supreme Court held that the one-time window provided under the NCTE R...
Accident Claim - Compensation under MV Act – Deductibility of Benefits under Compassionate Assistance Rules – Full Deduction Mandated – High Court erred in deducting only 50% of the compensation received under the Haryana Rules of 2006 from the award under the Motor Vehicles Act – Held: As per binding precedents, the amount equivalent to pay and allowances received as ex-gr...