Reservation Law – Horizontal Reservation and Unreserved Category – Misapplication of Reservation Rules for MBBS Admission – Challenge in Supreme Court – The appellants, who were meritorious reserved category students, challenged the allocation of MBBS seats in the Unreserved Category Government School (UR-GS) quota in Madhya Pradesh. The State had sub-classified the GS quot...
Civil Law – Change of Date of Birth – Repeated Litigation – The petitioner sought to change his date of birth from 10.04.1962 to 23.04.1964 after serving more than 10 years as an engineer – The claim was initially dismissed by the Trial Court, and subsequent appeals up to the Supreme Court were also dismissed – Despite multiple dismissals, the petitioner continued to ...
Civil Procedure – Execution of Decree – Non-performance of Reciprocal Obligations – Application of Sections 51 and 52 of the Indian Contract Act, 1872 – Delhi High Court dismisses objections to execution petition filed by Decree Holder (DH) against Judgment Debtor (JD) for refusal to sign documents necessary to enforce settlement terms in a partnership dispute – DH en...
Service Law – Stepping Up of Pay – Applicability of Rule 21 of 2002 Pay Rules – Appellants, senior to certain Assistant Professors (1984-95 Group), sought stepping up of their pay to match the pay granted to these juniors under the Career Advancement Scheme, which included ad hoc service. Supreme Court held that Rule 21 of the 2002 Pay Rules was inapplicable as the alleged pay an...
Prospective Overruling – Doctrine of – Applicability – Supreme Court rejected the plea to apply the doctrine of prospective overruling to the decision in MADA v. Steel Authority of India, which overruled India Cement Ltd. v. State of Tamil Nadu – Held, MADA decision shall not operate prospectively, as applying it prospectively would invalidate legislation enacted by States ...
Review – Maintainability – New Counsel – Review application filed by a new counsel who was neither the filing nor the arguing counsel in the original case – High Court rejected the review application, noting that the original order was decided on merits and that changing counsel to file a review petition without addressing the maintainability constitutes an abuse of process...
Motor Accident Compensation – Assessment of Disability – The appellant, a pillion rider injured in a motor accident, was initially awarded compensation by the Tribunal, considering 25% disability. The High Court reduced this to 20% based on a re-assessment, leading to a reduction in the compensation amount. The Supreme Court reversed the High Court's reduction, reinstating the Trib...
Railway Accident Claim – Death in Untoward Incident – Section 124A of Railways Act, 1989 – Appellant claimed compensation for the death of her brother who allegedly fell from a moving train – Railway Claims Tribunal and Gauhati High Court rejected the claim on grounds that the deceased was not a bona fide passenger and no ticket was found – Appellant argued that the a...
Property Tax – Liability of Subsequent Owner – High Court directed Rajkot Municipal Corporation (Appellant) to refund a portion of property tax paid by Avenue Supermarts Limited (Respondent No. 2) related to arrears prior to the acquisition of ownership – Appellant's argument based on Sections 139 and 140 of the Gujarat Provincial Municipal Corporation Act, 1949 (GPMC Act) th...
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,...