Civil Procedure Code – Counter Claim – Order 8 Rule 6A – Counter claim must be against the plaintiff and must be instituted before the defendant has delivered his defense or before the time limit for delivering his defense has expired – Counter claim can be made on a separate or independent cause of action, but it has limitations such as pecuniary limits of the court's ...
Educational Law – UGC Regulations – Exemption from NET – 2016 UGC Regulations exempting Ph.D. holders from NET applied retrospectively – Dr. Jayakumar's appointment in compliance with earlier regulations – Appointment upheld – Appeals allowed – High Court judgment set aside [Paras 1-27].
Declaratory and Clarificatory Amendments – Int...
Constitutional Law - Maintainability of Writ Petition - Article 226 -Writ petition under Article 226 of the Constitution of India challenging the order of RERA— Petitioner's contention that the delegation of powers by the RERA to the Adjudicating Officer is beyond jurisdiction— Held that Section 81 of the Act empowers the RERA to delegate any of its powers except for framing regula...
Maternity Leave – Central Civil Services (Leave) Rules, 1972 – Rule 43 – The appellant, a government employee, applied for maternity leave for her first biological child – Leave was denied on the ground that she had two stepchildren from her husband's previous marriage, thereby exceeding the limit of two surviving children stipulated under Rule 43 – Tribunal and H...
Contract Law – Tender Process – Uniform Bidding – GST Rates – High Court directed the appellant to clarify GST rates and HSN codes in the tender document to ensure fair competition – Supreme Court held that no statutory or public duty exists requiring the appellants to indicate the HSN code – Bidder's responsibility to quote correct GST rate [Paras 1-48].
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Judgment Writing – Incomprehensible Language – The High Court's judgment affirming the CGIT's order was found to be incomprehensible – Supreme Court emphasized the importance of clarity and accessibility in judgment writing – Highlighted the need for judgments to be written in a manner that is understandable to all stakeholders, including the parties involved and th...
Mutual Funds – Winding Up – SEBI Regulations – FIFA sought commission for mutual fund distributors from the date of winding-up notices – Court held that Regulation 52 applies only when the scheme is in operation and not after the winding-up notice – Commission payment is not an expense connected with winding up under Regulation 41(2)(b) [Paras 1-9].
Regul...
Land Acquisition – Compensation – The Union of India sought reduction of compensation, while the Company sought enhancement – Supreme Court upheld compensation for the land acquired, modifying the Reference Court’s award to Rs.19 per square feet – Compensation for severance of land awarded at Rs.9.5 per square feet for land on the eastern side, excluding statutory ben...
Partition Suit – Ancestral Property – High Court dismissed the plaintiff's claim that properties at villages Pirangut and Nande were joint family ancestral properties – Supreme Court held that the property at Pirangut was indeed ancestral based on evidence including a written memorandum of settlement and mutation records – The property at Nande was held as self-acquired...
Constitutional Law – Right of Persons with Disabilities – The downgrading of seniority of a physically disabled candidate transferred to his home district was held to be arbitrary, unreasonable, and discriminatory – Supreme Court emphasized that any rule or executive instruction affecting seniority of disabled persons, when transferred for their benefit, would violate Articles 14...