Arbitration – Appointment of Arbitrator – Novation – The High Court dismissed the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by the appellant for the appointment of an arbitrator, on the grounds that the Share Purchase Agreement was novated by a subsequent Tripartite Agreement – Supreme Court held that issues of novation and the val...
Electricity Law – Tariff Determination – Intra-State Transmission – The appeal involves the interpretation of Sections 62 and 63 of the Electricity Act, 2003, concerning the determination of tariffs for intra-state transmission systems – Supreme Court held that the Electricity Act, 2003, provides the States with flexibility to regulate intra-state transmission systems, with...
Land Acquisition – Compensation – Land acquired for Nehru Zoological Park extension – Initial compensation of Rs. 6 per sq. yard enhanced by Reference Court to Rs. 250 per sq. yard – Mediation led to agreement on Rs. 350 per sq. yard – High Court reduced compensation to Rs. 100 per sq. yard – Supreme Court restored Reference Court’s award of Rs. 250 per sq...
Contract Law – Interpretation – Recovery of Demurrages – Clause XII (a) of the contract between FCI and transport contractors – Whether demurrages imposed by Railways can be recovered from contractors as "charges" – High Court held demurrages not recoverable as "charges" – Supreme Court affirmed, interpreting "charges" within the co...
Contract Law – Escalation Claims – Rights and duties of parties to a contract subsist or perish in terms of the contract – Contractual clause disallowing future claims for escalation unless specified conditions are met – Conditions were satisfied, thus Contractor entitled to claim escalation – Officers administering the contract have no discretion to deny escalation o...
Public Service - Unauthorized Leave - Dismissal - Petition for quashing dismissal order - Petitioner sought ex-India leave for IVF treatment without waiting for final decision and left the country - Held, leave cannot be claimed as a matter of right, and in exigencies of public service, leave can be revoked by competent authority - Absence without sanctioned leave and failure to join disciplinary ...
Income Tax – Deduction under Section 80-IB – Eligibility – Assessee manufacturing polyurethane foam used as car seats – Claimed deduction under Section 80-IB – Assessing Officer, CIT(A), and High Court denied deduction, classifying product as polyurethane foam under Eleventh Schedule – Tribunal's favorable ruling for assessee overturned – Supreme Court...
SARFAESI Act – Bar on Civil Court Jurisdiction – Suit for recovery of damages/compensation – Plaintiff claimed damages for receiving less area than paid for – Suit not barred by Section 34 of the SARFAESI Act as it did not challenge the sale/sale certificate but sought compensation for less area received – High Court erred in holding suit barred by Section 34 [Paras 5...
Land Acquisition – Delay – Condonation and Compensation Enhancement – High Court condoned 22-year delay and enhanced compensation to Rs. 149 per sq. yard – Supreme Court upheld the compensation but exempted NOIDA from liability for statutory benefits and interest during the delayed period – Delayed statutory benefits would impose a financial burden and increase projec...
Jurisdiction of Civil Courts - Employees’ Compensation Act, 1923 - Civil Appeal against concurrent findings of courts awarding compensation for death of workman - Held, civil court's jurisdiction is not barred by Sections 3(5) and 19 of the Employees’ Compensation Act, 1923 - Bar applies only when a claim is instituted before a Commissioner or when an agreement is reached between t...