Industrial Disputes – Retrenchment – Principle of law that re-employment of retrenched workmen does not entitle them to claim continuity of service applies only to bona fide retrenchments – The retrenchment followed by an offer of re-employment on new terms and conditions found not bona fide – Tribunal and High Court set aside retrenchment orders and reinstated employees wi...
Urban Development – Building Plan Sanction – Fire Safety Regulations – Appellant purchased property and applied for building plan sanction – Initially sanctioned for 15 meters height – Later amendments to Master Plan allowed 17.5 meters with stilt parking – Revised plan submitted but not sanctioned due to lack of fire clearance – High Court dismissed appel...
Double Jeopardy – Section 300(1) CrPC – Whether an accused can be tried for an offense under the Negotiable Instruments Act (NI Act) and also for offenses under IPC based on the same set of facts – High Court quashed IPC proceedings citing Section 300(1) CrPC – Supreme Court holds conflicting views on the application of double jeopardy in such cases – Matter referred ...
Public Interest Litigation – Temple Management – Appeal against High Court’s disposal of PIL regarding temple management without hearing appellant’s impleadment application – Supreme Court finds inter se disputes between family members over temple management – High Court rightly left questions of shebait rights to civil courts – Appeals dismissed, judgment...
Service Law – Promotion Guidelines – Difference between Backlog Vacancies and Regular Promotions – Appeals challenge High Court orders requiring separate zones of consideration for SC/ST promotions – Supreme Court distinguishes special drives for backlog vacancies from regular promotions – Regular promotions involve DPC evaluation; backlog promotions focus solely on r...
Environmental Law – Closure Order – Environmental Clearance – Appeal against closure of Cold Steel Rolling Mill lacking prior Environmental Clearance – National Green Tribunal (NGT) granted one-year period for compliance – Supreme Court upholds NGT’s decision citing ambiguity in EIA notifications and subsequent amendment – Closure order quashed, unit allow...
Motor Vehicle Laws – Accident Compensation – Appeal against High Court’s reversal of MACT’s compensation award – High Court erred in doubting the link between the accident and the offending vehicle – Tribunal’s findings based on credible witness testimony – Supreme Court reinstates compensation with recalculations in line with Pranay Sethi judgment [...
Consumer Protection – Deficiency in Service – Banking Services – Appeals against NCDRC orders dismissing appeal and review application – Appellant's complaint regarding deficiency in service by HDFC Bank in prematurely encashing a joint Fixed Deposit (FD) without joint instructions – SCDRC wrongly relegated appellant to civil court – NCDRC erred in not enter...
Service Law – Age Relaxation – Recruitment – Appeal against High Court's direction for age relaxation under Uttar Pradesh Public Services (Relaxation of the Age Limits for Recruitment) Rules, 1992 – Respondent sought age relaxation for appointment as Mukhya Sevika – High Court's decision overturned by Supreme Court – State's uniform application of ag...
Service Law – Compassionate Appointment – Rule 5(1) – Appeal against High Court's order for reconsideration of respondent’s appointment to a Class IV post after failing typing test – Respondent appointed to Class III post on compassionate grounds but did not meet typing speed requirement – Termination upheld as per 2014 Rules – Compassionate appointmen...