Preventive Detention – Delay in Passing Detention Order – Appellant challenged the detention order passed five months after the proposal – Supreme Court held that the delay snapped the "live and proximate link" between the prejudicial activities and the purpose of detention – Held, the unexplained delay vitiated the detention order, rendering it invalid [Paras 12-...
Land Acquisition – Enhanced Compensation – Appellant challenged the High Court's order permitting MTDC to withdraw the amount deposited towards enhanced compensation – Supreme Court held that the intent of its previous order was to allow the claimants to receive the entire enhanced compensation, with 50% released without security and 50% with security – Held, High Court...
Industrial Dispute – Termination Approval – Appellant challenged the High Court’s order which confirmed the Labour Court’s judgment setting aside the termination of the workman – Supreme Court held that once the order of termination was approved by the Industrial Tribunal, the findings recorded by the Tribunal were binding between the parties – Held, no contrary...
Motor Vehicle Accident – Determination of Just Compensation – Appellant challenged the High Court’s decision reducing compensation – Supreme Court held that compensation under Section 168 of the Motor Vehicles Act must be fair, reasonable, and equitable, emphasizing a comprehensive approach to pecuniary relief [Paras 11-12].
Income from Business Ventures and In...
Arbitration – Preliminary Inquiry – Appellant challenged the High Court’s order appointing arbitrators without determining if the dispute was arbitrable – Supreme Court held that the High Court was required to conduct a primary inquiry to ascertain if the dispute fell under Clause 36 (specific performance through court) or Clause 37 (arbitration clause) of the addendum agre...
Right to Information vs. Right to Privacy – Balance of Rights – Petitioners (Banks) challenged the RBI’s directive to disclose information under RTI – Supreme Court acknowledged the conflict between the fundamental right to information and the fundamental right to privacy – Held, courts must balance these rights carefully, ensuring neither is disproportionately compro...
Rejection of Plaint – Limitation – Appellant challenged the High Court’s dismissal of revision petitions confirming trial court’s refusal to reject plaints under Order VII Rule 11(d) CPC – Supreme Court held that the respective suits were barred by limitation as they were filed 10 years after the execution of sale deeds – Held, vague allegations and clever draft...
Medical Termination of Pregnancy – Scope of Rule 3B – Unmarried women are entitled to safe and legal abortion under Section 3(2)(b) of the MTP Act read with Rule 3B – The rule includes all women who face a change in material circumstances, irrespective of marital status – The exclusion of unmarried women is discriminatory and violative of Article 14 of the Constitution &nda...
Civil Procedure – Review Petition – Trial Court initially rejected plaintiff's application to file a rejoinder – Plaintiff filed review petition, presenting the rejoinder was already filed – Trial Court reviewed its decision and accepted the rejoinder – High Court disapproved, stating review powers were exceeded – Supreme Court held review was justified, all...
Electricity Law – Grant of Licence – Minimum Area of Supply – Appeal against the cancellation of distribution licence – Interpretation of Section 14 of the Electricity Act, 2003, and Explanation to Rule 3 of the Distribution of Electricity Rules, 2005 – Held, 'minimum area of supply' within a municipal council or corporation does not imply the entire...