Property Law – Interest on Outstanding Dues – Noida and Greater Noida Authorities – Supreme Court revisited orders directing reduced interest rates on outstanding dues for all projects other than Amrapali – Original orders (10.06.2020, 19.08.2020, and 25.08.2020) provided relief of reduced interest rates at 8% per annum – High Court ruled these orders lacked jurisdict...
Public Interest Litigation – Maintainability – High Court erred in entertaining PILs without verifying credentials and adherence to procedural rules – PILs alleged corruption by Chief Minister without prima facie evidence – Non-disclosure of previous similar petition dismissed with costs – Violation of Rules 4, 4-A, 4-B, and 5 of Jharkhand High Court (Public Interest ...
Property Tax – Capital Value System – Amendments to MMC Act, 1888 – High Court upheld amendments but struck down Rules 20, 21, and 22 of 2010 and 2015 Capital Value Rules – Supreme Court reinstated these rules, holding them intra vires the MMC Act – Emphasized legislative competence and rational basis for amendments aimed at modernizing property tax assessment –...
Reservation Law – Constitutionality – 103rd Constitution Amendment – Introduced 10% reservation for EWS in education and public employment – Petitioners argued it violated basic structure by excluding socially and educationally backward classes and exceeding the 50% reservation cap – Supreme Court upheld the amendment – Held, economic criteria for reservation do...
Martial Law – Limitation Period – For Section 122, relevant dates are when aggrieved person and competent authority knew of the alleged offence – Knowledge of the offence by the aggrieved person on 13.08.2015 initiated limitation period – Convening Authority's order for trial by General Court Martial on 22.11.2018 beyond three-year limitation – Proceedings quashed...
Corporate Governance – Election of Office Bearers – Regulation 92(2) applicable only in cases of absence, not vacancy – Regulation 117(2) applicable when post vacated due to disqualification – Election of new Chairman held under Regulation 119(2) valid – High Court erred in quashing election on grounds of meeting not chaired by Vice-Chairman [Paras 4-4.4].
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Fee Regulation – Unauthorized Fee Enhancement – Government of Andhra Pradesh issued G.O. enhancing tuition fees for private medical colleges without AFRC's recommendations – High Court quashed G.O., held it illegal under Rules 2006 – Supreme Court affirmed, emphasizing adherence to procedural rules and AFRC’s role in fee determination [Paras 1-5].
Rul...
Constitutional Law – Article 21 – Right to Life – Compensation to Riot Victims – The Supreme Court held that the victims of the 1992-93 Bombay riots, due to the failure of the State Government to maintain law and order, were entitled to compensation under Article 21 of the Constitution, which guarantees the right to live with human dignity. The State Government’s fail...
Contract Law – OTS Scheme – Extension of Time – The Supreme Court held that the borrower cannot claim an extension of time under the OTS Scheme as a matter of right. The High Court erred in granting further time for the borrower to make the balance payment under the OTS Scheme beyond the stipulated period, in exercise of powers under Article 226 of the Constitution. The bank is p...
Employees' Pension Scheme – Amendments – Validity – The Supreme Court examined the amendments to the Employees' Pension Scheme, 1995, made by the Central Government through the notification dated 22nd August 2014. The Court upheld the legality of the amendments, including the revised method for determining pensionable salary based on the average of the last 60 months inst...