Constitution of India, 1950 – Schedule V, Para 5(1) – Power of Governor to direct application of Acts to Scheduled Areas – Governor not authorized to enact new Act, but only to direct that a particular Act shall not apply to a Scheduled Area or shall apply with exceptions and modifications specified in the notification – Governor’s power limited to applicability, modi...
Constitutional Law – Right to Privacy – Whether the right to privacy is absolute - Apex Court has held that the right to privacy, as enshrined under Article 21 of the Constitution of India, is not an absolute right and is subject to reasonable restrictions when legitimate public interest is involved - K.S. Puttuswamy v. Union of India, (2017) 10 SCC 1, followed.
Hindu Marr...
Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - Patent illegality - Appeal against judgment and order passed by High Court setting aside arbitral award - Whether interference by High Court in findings and conclusions of arbitral award sustainable - Held, no - Mere errors on merits of the case do not amount to patent illegality - Narrow scope of patent illega...
Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - Patent illegality - Appeal against judgment and order passed by High Court setting aside arbitral award - Whether interference by High Court in findings and conclusions of arbitral award sustainable - Held, no - Mere errors on merits of the case do not amount to patent illegality - Narrow scope of patent illega...
Administrative Law – Appointment of Drawing and Disbursing Officer (DDO) – Writ petition seeking quashing of the order withdrawing DDO powers from the petitioner and conferring them on respondent No.4. The petitioner contended that the DDO powers should not be assigned to an officer from outside the office. Held, the DDO powers are administrative and meant for the smooth running of the...
Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to award — Scope of interference with findings of fact recorded by an arbitrator — Perverse or patently illegal findings of fact, only exception to court’s limited jurisdiction of interference — Merely because different views are possible, court cannot interfere with the findings of fact recorded by...
In the present case, an arbitration agreement was entered into between the parties in the year 2007, prior to the Amendment Act, 2015 coming into force. A dispute arose between the parties, and a notice invoking arbitration was issued on 28.05.2015. The application under Section 11(6) of the Act was filed by the appellant on 10.08.2015, after the Amendment Act, 2015 had come into force. The respon...
Service Law – Assured Career Progression – Technical and Non-Technical Pay Scales – Writ petition seeking quashing of the order that rejected the petitioner’s pay fixation in the pay scale of Rs. 5200-20200 + GP 3200 as the first ACP from 01.02.2006 and reduced his pay. The petitioner was granted a technical pay scale earlier, which should be treated as the functional pay s...
Mumbai Municipal Corporation Act, 1888 - Section 37 - Development Control Regulations - Transfer of Development Rights (TDR) - Surrender of land - Development of amenity - Additional TDR - Whether appellant entitled to Additional TDR for development of amenity - Held, appellant did not develop amenity so as to be entitled to Additional TDR - No activities undertaken by appellant till the handing o...
Issue: Whether the demand of additional price made by the Haryana Urban Development Authority from the allottees of a plot of land was justified, and whether the appeal filed by the appellants despite a previous judgment on the same issue was justified.
Haryana Urban Development Authority (HUDA) - Allotment of plot - Demand of additional price - Condition 9 of allotment letter - Enhancement of ...