Rights of Migrant Labourers – Registration and Welfare Schemes – Article 21: The Supreme Court directed the Central Government to develop a portal in consultation with the National Informatics Centre (NIC) for the registration of unorganized labourers/migrant workers. It emphasized the necessity of completing the registration process under the National Database for Unorganised Wor...
Civil Procedure – Substitution of Legal Representatives – Appellant's application for substitution as legal representative of his deceased mother was rejected by the Trial Court and affirmed by the High Court – Appellant contended he was entitled to be substituted based on a registered Will – Supreme Court held that the appellant's entitlement as a legal heir could ...
Arbitration – Appointment of Arbitrator – Disputes between IOCL and NCC Ltd. – High Court appointed arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996 – Supreme Court examined the scope of court’s jurisdiction under Section 11, focusing on whether certain disputes fall within “excepted matters” as per the contract – Held that ...
Hindu Law – Suit for Partition – Succession opened in 1948 before the Hindu Succession Act, 1956 – Daughter born posthumously has no right to the joint family property as per prevailing law prior to 1956 – Adoption of a son by the widow relates back to the time of the death of the adoptive father, rendering the adopted son as the sole heir, divesting the daughter's righ...
Constitutional Law – Article 226 – Writ Jurisdiction – Mutation of Property – Challenge to Single Judge’s Order – Appeal against Single Judge’s order quashing rejection of representation seeking mutation – Will executed in favor of adopted son predeceasing testator – Mutation sanctioned in favor of third party upheld by Supreme Court – He...
Army Law – Disability Pension – Administrative Discharge – Respondent discharged on administrative grounds under Rule 13(3) III(v) of Army Rules, 1954, not on medical grounds – Claim for disability pension filed 20 years after discharge not entertained – Tribunal erred in ordering Review Medical Board to assess disability [Paras 1-27].
Entitlement Rules &...
Civil Procedure – Transfer Petition – Matrimonial Matters – Appellant sought transfer of F.C.O.P. No. 125 of 2020 from Family Court Vellore to Family Court Chennai due to her inability to travel and her dependency on aged parents – Supreme Court emphasized the principle of convenience of the wife and ordered the transfer to avoid multiplicity and conflict of decisions &ndas...
Constitutional Law – Article 279A – GST Council – Implementation of Document Identification Number (DIN) – Petitioner, a Chartered Accountant, sought directions for the implementation of a DIN system for all communications by State Tax Officers to ensure transparency and accountability – Supreme Court directed the GST Council to issue advisories to all States to imple...
Insolvency and Bankruptcy – Operational Debt – Pre-existing Dispute – Appellant filed application under Section 9 of IBC for initiation of CIRP against HBL – NCLT admitted the application – NCLAT set aside the admission, citing pre-existing disputes between parties – Supreme Court upheld NCLAT’s decision, emphasizing that CIRP cannot be used for debt colle...
Assam Rifles – Discharge from Service – Appellant discharged based on four Red Ink entries during service – Regulations 107(c) and 108 of Assam Rifles Regulation 2016 not applicable as discharge order issued in 2004 – Supreme Court held discharge order unjustified due to lack of application of mind and failure to consider severity and nature of misconduct – Directed r...