Arbitration Law – Arbitrator Appointment – Section 12(5) read with Seventh Schedule, Arbitration and Conciliation Act, 1996 – Unilateral Appointment – The principle of equal treatment of parties under Section 18 of the Act, 1996, applies to the procedure for appointment of arbitrators, ensuring equal say in the constitution of the arbitral tribunal – A unilateral appo...
Service Law – Compassionate Appointment – Pre-2015 Claims – Petitioner sought voluntary retirement on medical grounds in 2013, 14 years before superannuation, and applied for compassionate appointment of his physically disabled son – Claim rejected in 2017 on grounds that 2015 scheme was inapplicable to cases before 05.08.2014 and that no medical incapacitation certificate ...
Industrial Disputes Act – Section 17B – Payment of Wages During Pendency of Writ – Respondent workman terminated in 2002 – Labour Court directed reinstatement with 50% back wages – Writ petition filed by employer, stay granted in 2007 – Workman filed application under Section 17B in 2018, claiming unemployment – Employer failed to rebut affidavit denying g...
Arbitration – Section 11(6A) – Arbitrability of Disputes – Leave and License Agreement – Monetary Claims – Arbitrator Appointment – Exclusive Jurisdiction of Small Causes Court under Section 41 of 1882 Act – Valid Arbitration Clause Not Rendered Inoperative by Statutory Bar – Clause 33 of Agreement Held to Exist and Operative – High Court Right...
Labour Law - Workmen’s Compensation – Employer-Employee Relationship – Deceased employed as driver – Fatal accident occurred during course of employment – Owner initially denied but later admitted employment in affidavit – Held: Relationship of employer and employee duly established – High Court erred in reversing Commissioner’s findings [Paras 3.1&n...
Taxation – Customs Duty – SEZ to DTA Electricity – Levy Held Unconstitutional – Refund Allowed – Customs duty imposed on clearance of electricity from SEZ to DTA by Adani Power Ltd. was earlier struck down in 2015 by Gujarat High Court for lack of a charging event under Section 12 of the Customs Act, misuse of exemption power under Section 25, and violation of constit...
Civil Law – Impleadment – Necessary and Proper Party – Order 1 Rule 10 CPC - Appellant sought impleadment in a suit for recovery of service charges against respondent No.3, claiming to be its successor under Part IX of Companies Act, 1956 – Trial Court allowed impleadment – High Court reversed under Article 227 – Held: Appellant failed to establish valid success...
Judicial Service – Misconduct – Bail Orders – Appellant, a judicial officer with 27 years of unblemished service, dismissed solely on basis of four bail orders under Excise Act allegedly passed without referring to Section 59-A – Held: Mere omission to cite statutory provision does not amount to misconduct – Orders contained legal reasoning and were supported by mater...
Civil Law - Specific Relief – Specific Performance – Readiness and Willingness – Plaintiff failed to prove financial capacity to pay balance sale consideration of ₹5.21 crores on due date – Did not appear before Sub-Registrar on date fixed for execution – Held: Plaintiff failed to establish readiness and willingness under Section 20 of the Specific Relief Act &ndash...
Specific Relief – Specific Performance – Readiness and Willingness – Plaintiffs seeking specific performance of agreement to sell ancestral land – Agreement silent on key requirement of Nazrana amount of ₹1.5 lakhs to obtain Collector’s permission for sale to non-agriculturists – Plaintiffs failed to assist in discharging encumbrances or paying dues to enable ...