Arbitration – Counter-claim – Claims not notified before invoking arbitration – Counter-claim of a party cannot be dismissed solely on this ground – Clauses 26.1 and 26.2 should be interpreted pragmatically to require parties to attempt amicable settlement before arbitration – Entire subject matter, including counterclaims, forms the subject of arbitration if not reso...
Civil Procedure – Setting Aside Ex-parte Decree – On setting aside the ex-parte decree, the parties are restored to their original positions at the time of passing the ex-parte decree – Defendants who failed to file a written statement can still participate in the suit proceedings and cross-examine witnesses – High Court's observation that reopening the suit w...
Constitutional Law - Transfer of Writ Petitions - The Supreme Court examined the feasibility of transferring writ petitions challenging the Payment of Bonus (Amendment) Act, 2015, pending before various High Courts to the Supreme Court. It emphasized the need to have the benefit of High Court judgments before addressing the issues at the Supreme Court level.
Retrospective Effect...
Environmental Law - Environmental Clearance - Ecologically Sensitive Area - Appellant challenged the environmental clearance granted to Ultratech Cement Limited for limestone mining on grounds of ecological sensitivity, lack of consent from private landholders, and adverse environmental impacts. The clearance was challenged under Section 16 of the NGT Act .
Natural Justice - Com...
Motor Vehicles Act, 1988 - Compensation - Loss of Love and Affection - Loss of love and affection is comprehended within loss of consortium and should not be awarded as a separate head. The Constitution Bench in Pranay Sethi recognized only three conventional heads under which compensation can be awarded: loss of estate, loss of consortium, and funeral expenses.
Motor Vehicles A...
Arbitration and Conciliation – Award Modification – The court held that it is not permissible to modify an arbitral award under Sections 34 or 37 of the Arbitration and Conciliation Act, 1996. The appropriate remedy is to set aside the award and remit the matter to the Arbitrator in terms of Section 34(4) of the Act .
Market Value Determination – The court examined the determi...
Service Law - Appointment on Basis of False Caste Certificate - Employment Secured through False Pretenses - The respondent obtained employment as a Management Trainee (Technical) under the Scheduled Tribe (ST) quota at Bhilai Steel Plant using a false ST certificate. The High-Level Caste Scrutiny Committee later found the respondent belonged to the Halba/Koshti community, categorized as Other Bac...
Service Law - Appointment on Basis of False Caste Certificate - Employment Secured through False Pretenses - The respondent obtained employment as a Management Trainee (Technical) under the Scheduled Tribe (ST) quota at Bhilai Steel Plant using a false ST certificate. The High-Level Caste Scrutiny Committee later found the respondent belonged to the Halba/Koshti community, categorized as Other Bac...
Minority Educational Institutions - Declaration and Jurisdiction – Appeal against the order of the National Commission for Minority Educational Institutions (NCMEI) declaring St. Kabir Public School as a minority educational institution – NCMEI accepted the complaint by the school against the show cause notice issued by Chandigarh Administration – Held, institution not establishe...
Constitutional Law - Delay and Laches - Right of Voluntary Employees to be Recalled – LPA challenging the dismissal of writ petitions seeking re-employment as Home Guards – Petitioners were volunteers and not temporary, ad hoc, or daily wagers – Held, Article 14 does not imply negative equality and a wrong benefit cannot be allowed to multiply – No legal right to be recalle...