Constitutional Law – Arms Export License Cancellation – Petition under Article 32 for International Treaty Violations – Rejection by Supreme Court – Petitioners, including former civil servants and activists, sought directions to cancel licenses for exporting arms to Israel, citing India’s international obligations under the Genocide Convention and related treaties. T...
Civil Law – Motor Vehicle Accident – Liability of Dealer and Manufacturer – Supreme Court examined liability in a motor vehicle accident case where the vehicle involved was owned by the manufacturer, but in possession of the dealer – Tribunal held the manufacturer and dealer jointly and severally liable – High Court upheld the Tribunal's decision – Supreme C...
Promotion – Effect of Minor Penalty (Censure) – The Writ Court quashed the departmental proceedings and the penalty of "censure" imposed on the respondent, directing his promotion to the post of DGM (ATC) w.e.f. 01.10.1999 – Appellants argued that the "censure" penalty was a valid impediment to promotion – Court held that the respondent was not entitled ...
Service Law – Dismissal without Inquiry – Article 311(2)(b) Constitution of India – Dismissal of the respondent from service without holding a departmental inquiry was challenged. The respondent was alleged to have links with extremists during the insurgency in Punjab. The appellants contended that it was not reasonably practicable to hold an inquiry due to threats posed by the r...
Arbitration – Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 – Appointment of Arbitrator – Group of Companies Doctrine – Scope of Court's powers at referral stage under Section 11(6) – Prima facie determination of arbitration agreement – Non-signatory respondent – Referral of complex issues to arbitral tribunal for final ...
Contract Law – Blacklisting – Proportionality – Blacklisting of a contractor by a government body is a serious and drastic measure that has severe consequences – The appellant was blacklisted by the Kolkata Municipal Corporation for non-payment of dues and alleged non-performance of contractual obligations – The High Court's Division Bench upheld the blacklisting,...
Service Law – Recruitment – Seniority – Claim for Appointment and Seniority from 2007 Notification – The petitioner, Vijay Kaushik, applied for the post of Sub-Inspector (Executive) in the Delhi Police under the 2007 recruitment notification but was not selected as he scored 127 marks, one mark below the cut-off of 128. After being appointed under the 2009 recruitment proce...
Lok Adalat Awards – Legitimacy of Settlements – The RSRTC challenged the National Lok Adalat awards on the grounds that the counsel who signed the settlements was unauthorized. The court held that the awards, passed under the RSRTC's policy allowing reinstatement without back wages, were valid and binding. It emphasized that Lok Adalat awards have the same finality as a civil court...
Real Estate Development – Slum Rehabilitation – Appeal against termination of development agreement for slum redevelopment project – Appellant failed to complete project within stipulated time – Prolonged delays attributed to litigation, environmental clearance, non-cooperation of slum dwellers, and financial instability – Supreme Court upheld termination – Emph...
Constitutional Law – Violation of Articles 14 and 19(1)(g) – Challenge to deduction of 1% Labour Cess by the government from contractors’ bills – Absence of specific contract provisions for such deductions – Petitioners, engaged in various infrastructure projects, claim deductions are illegal and arbitrary – Relying on prior judgment (Ch.V.V. Subba Rao), court f...