Service Law – Promotion During Punishment Period – Eligibility Criteria – The respondent was awarded a penalty of stoppage of two increments for 30 months ending on 16.12.2017—The appellant bank reverted his promotion on the ground that he was ineligible on the date of initial promotion (14.08.2017)—Held: While an employee cannot be promoted during the currency of a p...
Civil Law - Representative Suit – Locus Standi of Plaintiffs – Whether former students and rate-paying citizens can maintain a suit – The plaintiffs, claiming to be former students of Government Junior College, Tumkur, and rate-paying citizens, filed the present suit seeking declaration in favor of the State of Karnataka—Held: Since the State itself was a party to the earli...
Reassessment Proceedings – Applicability of First Proviso to Section 147 – Extended Time Limit Under TOLA – The petitioner argued that the reassessment notice under Section 148 was issued beyond four years without any failure on his part to disclose material facts fully and truly, and hence, was barred by the first proviso to Section 147 – The Revenue contended that the ext...
Civil Law - Arbitration – Scope of judicial interference under Section 30 of the Arbitration Act, 1940 – The appellant challenged the High Court’s order setting aside an arbitral award—Held: The High Court correctly intervened as the awarded claim of ₹68.15 lakhs was beyond the contractual scope and not based on actual damages, but speculative calculations—Courts ca...
Property Law – Co-Sharer’s Rights – Mutation Does Not Confer Title – Held: Mutation No. 2116 Declared Illegal – Plaintiffs sought declaration of ownership and possession over 16 Kanals of land – Defendants claimed rights through Mutation No. 2116, which was based on a 1977 sale deed – Court held that mutation entries do not create or extinguish title and c...
Civil Law - Stamp Duty – Whether an agreement to sell is deemed a conveyance under Article 25 of the Bombay Stamp Act, 1958 – The appellant contended that possession was retained as a tenant and not transferred under the agreement—Held: Possession of the property was already with the appellant, and the agreement did not alter his status as a tenant—However, since the agreem...
Electricity Law - Electricity Tariff Rebate – Whether the appellants were entitled to a 25% rebate under the 1991 notification – The rebate scheme under the 1991 notification was rescinded on 31.03.1995, barring new applicants from availing benefits—Held: As the appellants received power connections after 31.03.1995, they could not claim benefits under the rescinded notific...
Environmental Law - Polluters Pay Principle – Continuing Liability – Section 24, 25 of the Water Act – Environmental Protection – Industrial Pollution – Government Responsibility – Compensation Directed – The court reiterated the absolute liability of polluting industries to compensate affected individuals until environmental damage is fully reversed &ndas...
Civil Law - Public Contracts – Mistaken bid submission – Whether enforceable – The appellant mistakenly quoted ₹1,569 instead of ₹1,569 crores in a high-value tender—BRO insisted on enforcing the erroneous bid and sought forfeiture of the bank guarantee—Held: The mistake was self-evident, and BRO’s insistence on proceeding with the bid lacked reasonableness&...
Labour Law - challenging termination - Judicial Review – Scope of review jurisdiction – Suppression of material evidence – The Corporation failed to disclose to the Labour Court that, in parallel proceedings before the MACT, it had admitted that the accident was solely caused by the negligence of a lorry driver—The High Court exercised its review jurisdiction to correct thi...