Arbitration Law – Jurisdiction under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 – Scope of Interference – Division Bench of High Court erroneously interfered with concurrent findings of DRB, Arbitral Tribunal, and Single Judge – Limited scope under Sections 34 and 37 reiterated – Division Bench's interpretation of Clauses 51 and 52 as "u...
LPG Distributorship – Disqualification Alleged – Appellant challenged allotment of LPG distributorship to the 4th respondent on the ground of offering the same land by two applicants – High Court dismissed the challenge – Guidelines required land ownership or lease on the date of application – Affidavits executed at the time of field verification found permissible &nd...
Civil Law – Right to Dignified Burial – Obstruction of Burial – Demarcation of Burial Grounds – Appellant, a Christian, sought to bury his father in a burial ground historically used by his community within their native village of Chhindwada – Villagers objected, citing lack of formal designation for Christian burials and alleged disturbance to public order – Hi...
Registration of Documents – Non-production of Parent Deed – Rule 55A of Tamil Nadu Registration Rules – Refusal by the Sub-Registrar to register a settlement deed on the ground of non-production of the original parent deed – Held: Insistence on producing the original parent document is arbitrary when certified copies are available and the title is verifiable through the Sub...
Habeas Corpus – Custody of Minor Child – Welfare of the Child as Paramount Consideration – Section 6 of Hindu Minority & Guardianship Act – The petitioner-mother sought a writ of Habeas Corpus for the release of her 8-month-old son from the custody of the father, claiming the child's best interest lies with her as per Section 6 of the Hindu Minority & Guardiansh...
Service Law – Compulsory Retirement – Modification of Punishment – Writ Petition Partly Allowed – Appellant/Bank challenged the order of the learned Single Judge directing inclusion of the compulsory retirement period (07.01.2002 to 17.09.2009) in total service for computation of retiral benefits – Employee also appealed seeking additional benefits denied by the Singl...
Land Acquisition – Market Value – Re-determination – The Reference Court enhanced compensation for acquired land at Rs.250 per sq. ft., but the High Court reduced it to Rs.200 per sq. ft. – The Court noted that the Reference Court erroneously relied on post-notification market values and failed to base its determination on contemporaneous evidence of 2007 when the prelimina...
Labour Law - Certified Standing Orders – Exercise of Power Under Clause 28 – Non-Compliance with Clause 27 – Impersonation Allegation – Removal Set Aside – Clause 28 allows removal without following regular departmental enquiry only in limited cases such as criminal conviction or when continuation of service is against security interests – In the present case, t...
Service Law - Juvenile Justice Act – Applicability to Recruitment – Suppression of Criminal Case – Petitioner, a juvenile at the time of the alleged offence, did not disclose a pending criminal case in his attestation form when joining SSB – Termination of service on this basis held unsustainable – Juveniles are protected from disqualification under Section 19 of the ...
Civil Law - Res Judicata – Subsequent Application in the Same Proceedings – Bar under General Principles – Respondents filed a second application for issuance of a commission under Order 26 Rule 10 CPC after an earlier application on similar grounds had been rejected by the trial court – Held: The principle of res judicata applies to interlocutory orders at different stages...