Service Law – Provident Fund – Exclusion from EPF Pension Scheme – Petitioners, retired employees of Idukki and Kottayam District Co-operative Banks, challenged discontinuation of EPF pension citing exclusion under GO(MS) No.81/2009/LBR dated 30.06.2009 and introduction of Self-Financing Pension Scheme, 2005 – Held: By virtue of G.O. dated 24.09.2005 and subsequent exclusio...
Family Law – Restitution of Conjugal Rights – Section 22 of Special Marriage Act – Valid Cause for Withdrawal – Appellant-husband filed suit for restitution alleging desertion – Trial court found concealment of prior subsisting marriage by appellant and held that respondent-wife had valid apprehension for her safety – Held: Respondent’s withdrawal from soc...
Service Law – Transfer – Equivalency of Post – Appellant challenged transfer from Associate Professor to Professor post on ground that it was not an equivalent post – Held: Transfer was to a higher-grade post and not disadvantageous – No violation of service conditions or constitutional provisions – Transfer upheld [Paras 18–19, 23]
Administrative Law &...
Service Law – False Caste Claim – Continuation in Service Not Permissible – Milind Not Applicable to Employment Cases – Respondent falsely claimed Scheduled Tribe status to secure reserved employment as Assistant Professor – Scrutiny Committee invalidated his caste claim – High Court, relying on Milind, allowed continuation in service despite falsehood – H...
Delhi Rent Control – Constitutionality of Section 14(1)(e) – Article 14 – Discrimination between Residential and Non-Residential Premises – Partly Struck Down – Section 14(1)(e) of the Delhi Rent Control Act, 1958, which confined landlord’s right of eviction on bona fide requirement to residential premises, held unconstitutional under Article 14 – Classifi...
Renewable Energy – Generation Based Incentive (GBI) – Interpretation of Clause 8 of MNRE Guidelines (2010) – Power to Remove Difficulties – Committee’s Decision – Tariff Determination – Scheme provided that GBI shall be the difference between tariff determined by CERC and the Base Rate (Rs. 5.50/kWh escalated annually) – Committee under Clause 8 deci...
Arbitration – Appointment of Arbitrator – Second Round – Section 11 – Applicant sought appointment of Arbitrator after Award dated 06/06/2022 was set aside in its entirety by Section 34 Court – Though Section 37 Appeals are pending, Court held that under limited scope of Section 11, existence of arbitration agreement alone is to be examined – Held: Prima facie a...
Administrative Law – Writ of Mandamus – Police Interference in Business Activity – Licensing of Chemicals – Petitioner engaged in purchase and sale of certain chemicals for which no explosives licence was required as confirmed by Deputy Chief Controller of Explosives (letter dated 15.02.2023) – Police allegedly visiting petitioner’s shop and obstructing business...
Succession Law – Proof of Will – Suspicious Circumstances – Appellants/defendants challenged concurrent judgments declaring Will of Late Sh. Satpal Chopra illegal and void – Trial Court and First Appellate Court found Will shrouded by suspicious circumstances – Held: Although attesting witnesses were examined, the burden lies on the propounder to dispel all suspicion ...
Essential Commodities Act – Sugar Price Fixation – Clause 5A Liability and SAP – Must be considered in levy sugar pricing – Central Government fixed levy sugar price for sugar years 1983–84 and 1984–85 without accounting for additional cane price under Clause 5A of Sugarcane (Control) Order, 1966 and State Advised Price (SAP) under UP Act – Held: Clause 5A...