Limitation – Applicability of Extended Limitation due to COVID-19 – Petition and Appeal held to be within time - Appellant’s original petition filed during the Covid-19 limitation relaxation period as per Supreme Court directions – The Appeal filed within 90 days as provided by Section 28(4) of the Hindu Marriage Act was also within limitation despite Section 19(3) of Famil...
Civil Writ - Challenge to Selection Process – Alleged Irregularities in Evaluation – Dismissed – Petitioners contended that there were discrepancies in marks, improper scaling, and procedural irregularities – Court held that the selection process was conducted as per rules and in absence of specific material irregularities, challenge was liable to be rejected [Paras 39-48]....
Civil Writ - Rejection of application filed under Section 32 of the Bihar Consolidation Act - Consolidation Proceedings – Effect of Completion Without Formal Denotification – Collector Rightly Declined Jurisdiction - Court held that once the Draft Scheme under Section 13(1) is finalized and certificates are issued under Section 15, and the scheme is confirmed under Section 16, the cons...
Labour Law – Bonus – Applicability of Payment of Bonus Act, 1965 – Appellant trust engaged in rehabilitation of leprosy-cured and specially-abled persons – Since 1985 also engaged in commercial manufacturing of automobile and industrial parts generating profits – Workers, though beneficiaries of rehabilitation, employed in manufacturing activities in factories covered...
Arbitration – Power to Grant Interest – Clause 22 – No Express Bar on Pendente Lite Interest – The clause barring the contractor from claiming interest on payments, arrears or balances due does not amount to an express bar on the arbitrator’s power to award pendente lite interest – Held: Under the 1940 Act, absence of a specific prohibition on the arbitrator&rsq...
Arbitration – Interim Award on Limitation – Premature Decision without Evidence – Found Contrary to Fundamental Policy - Arbitrator decided limitation issue as preliminary issue solely on demurrer relying only on claimant's pleadings – Arbitrator himself noted that with evidence the outcome might differ – Held: Decision violates judicial approach requirement under...
Civil Writ – Property Law - Urban Land Ceiling – Proceedings Abated – De Facto Possession Not Taken – State Failed to Prove Physical Possession - State failed to establish that actual possession was taken prior to repeal of the Urban Land Ceiling Act – No documentary proof of possession, panchnama, or memorandum of possession produced – Petitioners continued in ...
Consumer Rights – Service Charge in Restaurants – Guidelines under CPA, 2019 – Upheld – CCPA guidelines prohibiting mandatory levy of service charge held valid – The Court upheld the guidelines issued by CCPA barring mandatory collection of service charge, observing that such charges cannot be imposed coercively, and must be voluntary – Held: Such mandatory coll...
BSF Service – Compulsory Retirement – Valid Exercise of Power – Petition Dismissed – The petitioner, a constable in BSF, was compulsorily retired under Rule 26 of the BSF Rules for unsuitability due to repeated acts of indiscipline – The Court held that Rule 26 allows retirement on unsuitability if the competent authority is satisfied after issuing a show-cause notice...
Matrimonial Law - Divorce – Mental Cruelty – Husband's Disinterest in Marital Relationship – Divorce Granted - The wife alleged that the husband was indifferent towards family life, abstained from conjugal relations, and was engrossed in superstitious and spiritual practices – Evidence proved that despite earlier reconciliation, the husband continued neglecting the peti...