Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 - Rule 66 - Additional List (Wait List) - Appellant's appeal against the High Court's direction to appoint the respondent based on her inclusion in the Additional List - Held, Additional List does not create a right to appointment - The Rule does not mandate the State to make appointments ...
Constitutional Law - Service Law - Pension and retirement benefits for judicial officers - Recommendations of the Commission for revision of pension and other related benefits - Acceptance of recommendations by the Court - Direction to implement necessary amendments in Service Rules and clear arrears of pay - Compliance affidavits to be filed - Payment of revised rates of pension and other benefit...
Transfer Petition - Divorce proceedings - Transfer of case - Wife filed a Transfer Petition seeking transfer of the Divorce Petition filed by the husband from the Family Court in Indore, Madhya Pradesh to the Family Court in Lucknow, Uttar Pradesh - Supreme Court observed that the parties had suffered an irretrievable breakdown of marriage - Court exercised its power under Article 142 of the Const...
Contracts - Tender process - Judicial review - Restraint in interference - Court's role in contractual and commercial matters - Need for clear-cut case of arbitrariness, mala fides, bias, or irrationality - Court's limited expertise in technical issues - Consideration of public interest and financial implications - Discretionary powers to be exercised with caution - Exercise of power of ju...
Interpretation of Statutes - Rules of interpretation - Application to Section 17-A of the Prevention of Corruption Act, 1988 - The statute must be read as a whole and each word used by the legislature is required to be assigned a meaning to give a meaningful definition - Words in a statute are used precisely and not loosely - Intention of the legislation predominates while interpreting the statute...
1. Workmen's Compensation Act, 1923 - Jurisdiction of Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation - Contesting claim - Scope of - High Court holding the claim as coram-non-judice - Appeal against - Written statement filed by respondent not amounting to contest - Employer admitting the claim - Lack of cross-examination by insurer - Claim not meeting the criteria of a co...
Arbitration - Barred by limitation - Distinction between claims being barred by limitation and the application for appointment of an arbitrator being barred by limitation. [Para 52]
Cause of action - Determination of when a cause of action accrues - Cause of action arises when there is a person who can sue and another who can be sued, and when all the material facts have happened that are neces...
Animal Welfare - Legality of bovine sports under the Prevention of Cruelty to Animals Act, 1960 - Constitutional validity of Amendment Acts - Whether Amendment Acts are colorable legislation - Whether Amendment Acts relate to cultural heritage and preservation of native breeds - Whether Amendment Acts violate constitutional provisions - Whether Amendment Acts overcome defects pointed out in previo...
Court of Small Causes - Ex-parte decree - Application to set aside - Requirements - Compliance with proviso to Section 17 of the Act - Deposit or security to be furnished - Duty of the Court - Order promptly - Application under Section 17 to be filed before the application under Order IX Rule 13 of CPC - Permission to furnish security - Security to be acceptable and enforceable. (Para 18)
Inter...
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Locus of subsequent buyer to invoke Section 24(2) - Held, a subsequent buyer of the land after the completion of the acquisition process does not have the locus to invoke Section 24(2) of the 2013 Act to claim that the acquisition has lapsed. The rights under Section 24(2) a...