Mines and Minerals – Quarry Lease – Renewal – Delay – Interpretation of Expiry Date – Application for renewal of quarry lease rejected as being filed after expiry of lease term – Lease expired on 29.12.2013 (a Sunday) – Application filed on 30.12.2013 – Held: By operation of Section 10 of the General Clauses Act, 1897, where the last day falls on a h...
SARFAESI Act – Post-13(4) Challenge – Scope of DRT’s Jurisdiction – Borrower’s Right to Challenge – Held: DRT has jurisdiction to examine not just the legality of action under Section 13(4) but also subsequent measures, including sale of secured assets – Tribunal empowered under Section 17(3) to declare bank’s actions invalid and restore possession t...
Service Law – Pension – Voluntary Retirement – Regulation 29(5) Pension Regulations, 1995 – Employees with 20+ years’ qualifying service who opted under VRS 2000 – Entitlement to notional addition of 5 years of service – Held: VRS 2000 provided pension as per existing Pension Regulations – Regulation 29 only applicable clause for voluntary retirement...
Industrial Law – Section 33(2)(b), Industrial Disputes Act – Scope and meaning – Employer dismissed workman for misconduct unconnected with pending industrial dispute – Application for approval sent by post on same day to the Labour Court and Industrial Tribunal – One tribunal approved, another refused on the ground that the application was made after dismissal &ndash...
Constitutional Law – Locus Standi – Petition under Article 226 – Maintainability – Appellant had a contractual right to manage the undertaking of the Oriental Gas Company under a valid agreement for a fixed term – Held: Section 4 of the impugned West Bengal Act terminated the appellant’s management rights for five years – Such deprivation of contractual ri...
Citizenship Law – Termination of Indian Citizenship – Section 9(2), Citizenship Act, 1955 – Rule 3, Schedule III of Citizenship Rules – Conclusive Proof of Foreign Citizenship – Petitioners, originally Indian citizens, were deported or directed to leave India under the Foreigners Act on the ground that they had obtained Pakistani passports – They challenged Sect...
Service Law – Promotion – Reservation vs. Concession – Regional Rural Banks governed by NABARD Circulars – Circular dated 10.06.1997 providing concession to SC/ST candidates within the “zone of consideration” – Held: The circular did not create reservation of posts but only a concession allowing automatic promotion if the SC/ST candidate was within the num...
Civil Law - Transfer of Property – Part Performance – Section 53-A TPA – Unregistered lease agreement – Defence upheld – A permanent lease was negotiated between the Talukdari Settlement Officer (with Government sanction) and the predecessor of the defendant; though no formal registered lease was executed, the offer and acceptance were in writings signed by the partie...
Company Law – Section 105-C – Further issue within authorised capital – Bona fides – Appeal dismissed – Directors resolved on 21.02.1945 to issue 4,596 shares at premium and offered them pro rata to members on the register in the ratio 4:5 – Challenge that the issue was mala fide to retain control and that Section 105-C was contravened – Held: Section 105-...
Civil Law - Agency – Scope of Authority – Commission Note – Authority to Conclude Sale – Construed broadly – The commission note authorised the broker to “negotiate the sale” and “secure a buyer” with stipulations of title being free of encumbrances and good title – Held: Such language implied authority to conclude a binding contract of s...