Education Law – In-service Reservation – Appeal against the High Court’s decision upholding the Government Resolution (GR) dated 26 September 2022, providing 20% reservation for in-service candidates in postgraduate medical degree courses – Supreme Court held that the GR was valid and applicable for the academic year 2022-23 – Appellants’ contention that the GR ...
Arbitration – Appointment of Arbitrator – Section 11(6) read with Section 11(12) of the Arbitration and Conciliation Act, 1996 – Petitions filed for appointing a sole arbitrator to resolve disputes arising from three agreements executed between the parties – Supreme Court held that the arbitration agreement is enforceable despite pending payment of stamp duty on the substan...
Land Acquisition – Compensation Enhancement – Appeal against High Court’s decision reducing compensation for land acquired for Jhajjar Thermal Power Plant – Supreme Court held that lands acquired for both Jhajjar Thermal Power Plant and Arawali Power Company Private Limited are similarly situated – Compensation should reflect parity and fairness – High Court err...
Municipal Corporations – Standing Committee – Tenure and Continuance – High Court dismissed the writ petition asserting that the Standing Committee does not continue after the term of the Corporation expires – Supreme Court upheld the High Court's decision – The Standing Committee cannot function beyond the tenure of the Corporation as per the Maharashtra Municipa...
Election Law – Amendment of Petition – Corrupt Practices – High Court allowed amendment to include allegations of non-disclosure of pending criminal cases in the nomination affidavit – Supreme Court held amendment permissible as it did not introduce a new cause of action but related to improper acceptance of nomination – Appeal dismissed – High Court order uphel...
Commercial Courts – Jurisdiction – Arbitration – High Court held the State Government's notification to confer jurisdiction on Civil Judge (Senior Division) as Commercial Courts is in line with the Commercial Courts Act, 2015 – Supreme Court upheld the High Court's decision – Sections 3 and 10 of the Commercial Courts Act, 2015, prevail over Section 2(1)(e) of...
Advocates Act – GPA Holder – Legal Representation – High Court held the appellant’s wife, as his GPA holder, cannot represent him despite being an advocate – Supreme Court held Section 32 of Advocates Act, 1961 permits non-advocates to appear with court’s permission – No bar for GPA holder if enrolled as an advocate – Previous High Court orders permi...
Motor Vehicle Accident – Compensation – Enhancement – The appellant sustained serious injuries in a motor vehicle accident leading to lifelong disabilities – Tribunal dismissed the claim on technical grounds – High Court awarded Rs. 13,34,000/- – Appellant sought enhancement – Supreme Court considered severity of injuries, disabilities, and future needs &n...
Tariff Orders – Truing Up – Amendment Not Permissible – High Court held that it is not permissible to amend the tariff order made under Section 64 of the Electricity Act, 2003, during the truing up exercise – A tariff order is quasi-judicial in nature and becomes final and binding unless amended or revoked under Section 64(6) or set aside by the Appellate Authority – ...
Consumer Law – Insurance Claim – Repudiation – National Commission's Error – The National Commission exceeded its jurisdiction by interpreting the insurance policy's nature, altering its coverage scope beyond the repudiation grounds – State Commission dismissed the claim without adequate examination of policy terms – Appeal allowed – Orders of both...