Dismissal from Service – without inquiry - Facts: Appellant employee of the respondent organization - dismissed from service - without conducting an inquiry - dismissal on the satisfaction of the President - not expedient to hold any inquiry in the interest of the security of the State - challenged dismissal - Tribunal and the High Court not find any reason to interfere with the dismissal.
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Customs duty exemption - Withdrawal of notification - Validity - Challenge to the withdrawal of a customs notification - Whether the withdrawal of the exemption notification was valid - Whether the withdrawal was in furtherance of public interest - Whether the withdrawal violated the principle of promissory estoppel - held that the withdrawal of the exemption notification by the government was val...
Promotion to the post of District Judge based on principle of merit-cum-seniority and passing a suitability test - Gujarat State Judicial Service Rules, 2005 - Recruitment Notice - Compliance with directions in the case of All India Judges' Association and Ors. - Distinction between promotion based on merit-cum-seniority and promotion strictly on merit - Purpose of limited competitive examinat...
Pre-referral jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Amendment Act, 2015 - Whether the court should decide the issue of the existence and validity of the arbitration agreement at the pre-referral stage or leave it to the arbitral tribunal. [Para 1]
Section 11(6A) of the Arbitration Act - Post the Arbitration and Conciliation Amendment Act, 2015, the jur...
Sales Tax - Exemption - Amendment to definition of "manufacture" - Claim for exemption from payment of sales tax after amendment excluding "tea blending" from the definition of "manufacture" - Court's analysis of the relevant provisions and submissions of the parties - Appellants' contention on legitimate expectation and promissory estoppel - Court's rejec...
Designation of Senior Advocates in India - Historical and Legal background - Origin of distinguished class of senior pleaders - Serjeants-at-Law and King's/Queen's Counsel in the United Kingdom - Introduction of Senior Advocates in India as a mark of excellence and recognition of professional eminence. (Para 1-2) Criteria for designation of Senior Advocates - Evolution and developmen...
Civil Procedure – Interim Injunction – Use of Property – Petitioners-defendants challenged the orders restraining them from using a building in their possession until they paid an agreed sum to the respondents-plaintiffs. Held, restraining the use of the building through an interim order amounts to granting the main relief sought in the suit. The main relief cannot be extended as...
Criminal Procedure Code, 1973 – Section 313 – Examination of accused – Principles governing examination of accused under Section 313 of CrPC discussed – It is the duty of the Trial Court to put each material circumstance appearing in the evidence against the accused specifically, distinctively and separately – Failure to do so amounts to a serious irregularity vitiati...
Insolvency and Bankruptcy Code, 2016 - Section 7 - Admission of application - Default by Corporate Debtor - Once National Company Law Tribunal (NCLT) is satisfied that default has occurred, there is no discretion left with NCLT to refuse admission of the application under Section 7 - Non-payment of a part of debt when it becomes due and payable amounts to default - NCLT may reject the application ...
Constitutional interpretation - National Capital Territory of Delhi (NCTD) - Interpretation of constitutional provisions governing NCTD's powers and functions - Analysis of Article 239AA and relevant constitutional principles - Determination of NCTD's legislative and executive powers over "services" - Examination of the relationship between Union and NCTD - Clarification of NCTD&...