Civil Jurisdiction – Bar under RDB Act – Section 9 CPC confers jurisdiction upon Civil Courts to determine all disputes of civil nature unless barred under statute – RDB Act provides jurisdiction to Debts Recovery Tribunal (DRT) for bank debt recovery, not explicitly barring civil suits initiated by borrowers against banks – Civil Courts retain jurisdiction in borrower-init...
Career Advancement Scheme (CAS) Benefits – Respondent initially appointed as a Lecturer in a temporary post, but with necessary approval and continuously worked from 1998 to 2011 – Regulation 10.1(f) of UGC Regulations allows counting previous ad hoc or temporary service of more than one year for CAS benefits, provided certain conditions are met [Paras 6-6.3].
Continuous S...
Recognition of B.Ed. Colleges – State Government's Policy – State Government took a policy decision not to grant recognition to new B.Ed. colleges based on statistics showing that the number of B.Ed. graduates far exceeded the need for teachers, leading to unemployment – High Court quashed this decision as arbitrary – Supreme Court found the decision based on valid reas...
Review Petition – Judge Availability – Bombay High Court Rule 3(1) stipulates that a review application should be heard by the same Judge who decided the original matter, unless the Judge is no longer available – Application for transferring the review petition to be heard by the same Judge rejected on judicial side instead of administrative side [Paras 1-16].
Admini...
Appointment of Vice-Chancellor – Procedure and Eligibility – As per Regulation 7.3.0 of the UGC Regulations 2018 and Section 10 of the University Act 2019, the selection for Vice-Chancellor must be through a Search-cum-Selection Committee – The committee must consist of distinguished persons in higher education unconnected with the University – The Vice-Chancellor should ha...
Letter of Credit – Autonomy and Protection – A letter of credit is independent of the underlying sale contract – Courts generally refrain from interfering with the autonomy of an irrevocable letter of credit to prevent misuse and protect the issuing bank in the international financial market [Paras 34-35].
Negligence in Issuing FCR – Respondents' admission ...
Election Law – Non-disclosure of Conviction – Appellant failed to disclose conviction under Kerala Police Act for holding a dharna – High Court declared election void – Supreme Court held such non-disclosure does not constitute undue influence under Section 102(1)(b) or 'fake' details under Section 102(1)(ca) – Offences under Kerala Police Act are not substant...
Eviction – Mesne Profits/Compensation – Tenant liable for mesne profits or compensation from date of eviction decree – Compensation should reflect market rate at which landlord could have let out premises if tenant vacated – Landlord not bound by previous contractual rate [Paras 7.1-7.2].
Tenancy – Determination of Compensation – High Court's me...
Land Acquisition – Compensation – Determination of market value – Land acquired for coal excavation by Singareni Collieries Company Limited – High Court awarded Rs. 80,000 per acre after deducting 1/3rd for developmental activities – Supreme Court held that no developmental activity was required as land was for mining – Compensation enhanced to Rs. 1,23,000 per ...
Land Acquisition – Lapse of Proceedings – Acquisition for public purpose (planned development of Delhi) – Possession taken in 2005 but compensation not paid – High Court declared acquisition lapsed under Section 24(2) of the Act, 2013 – Supreme Court overturned this decision, citing the Constitution Bench judgment in Indore Development Authority v. Manoharlal and Ors....