Civil Writ - Unauthorized Construction – Conversion of Parking Space – Demolition Upheld – Sanctioned Plan Violated – The appellants contested the Bidhannagar Municipal Corporation's demolition order of a flat constructed on land designated as parking space in the sanctioned plan – The Court held that neither the West Bengal Municipal Corporation Act, 2006 nor the...
Employee Date of Birth Discrepancy – Respondent no.3, employed at Barsua Iron Ore Mines, declared different dates of birth during his employment – Initially declared 27.12.1948, later changed to 12.03.1955 – Discrepancy affected retirement date and subsequent claims. [Paras 4-7, 16-17]
Submission by Appellant – Appellant argued against the change in date of bir...
Arbitration Petition – Appointment of Arbitrator – Non-Arbitrable Disputes – Petition Dismissed – The respondent's petition for appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, was challenged by the appellant – Held: Disputes related to non-payment of wages and wrongful termination fall within the exclusive jurisdiction o...
Presumption of Joint Ownership – Application of Mohammedan Law – Appeal Allowed – The appellant claimed exclusive ownership of seven properties, while the respondent asserted joint ownership inherited from their father. Both lower courts relied on the concept of a "karta" and presumption of joint ownership akin to Hindu law principles – Held: Under Mohammedan law,...
Service Conditions – Entitlement to Benefits – Petitioners, hostel/mess employees of Bengal Engineering College (subsequently BESU and then IIEST), challenged denial of GPF and pension benefits by MHRD – Initially entitled to benefits as per Government of West Bengal notifications – IIEST contended NITSER Act did not extend these benefits – Court found MHRD’s me...
Service Law – Deputation vs. Direct Recruitment – Promotion – The respondent, originally appointed on deputation as Manager (Technical), was later repatriated to his parent department before rejoining the appellant through direct recruitment – Respondent sought recognition of deputation service for promotion eligibility – Held: Repatriation constituted a clear break i...
Civil Writ - NEET-PG Merit List – Incentivised Marks – State Merit List Preparation Found Defective - State Merit List for NEET-PG 2024 prepared by the National Board of Examinations in Medical Sciences (NBEMS) for Madhya Pradesh was challenged on the ground that incentivised marks awarded to in-service candidates were added to raw scores instead of normalised scores – Held: Addi...
Public Employment – Doctrine of “Rules of the Game” – Non-Alteration of Criteria Mid-Recruitment – High Court’s recruitment process set a 75% cutoff for selection after exams were conducted – Candidates argued this changed the criteria mid-selection, violating fairness – Supreme Court held that recruitment benchmarks cannot change once the process st...
Insurance Law – Ombudsman Award – Compliance with IRDA Guidelines – Jurisdiction – Petition challenging award dated 03 May 2021 issued by the Insurance Ombudsman directing the Oriental Insurance Company to pay ₹27,13,582/- to the claimant, Bharat Dedhia, under a health insurance policy – Allegations by the Insurance Company that the Ombudsman exceeded jurisdiction u...
Statutory Bail – Delay in Filing Final Report – Section 167(2) CrPC – Bail Granted – Petitioners were in custody for over 177 days, and the prosecution failed to file the final report within the stipulated 60 days as required under Section 167(2) CrPC. Despite the existence of criminal antecedents, the Court held that the petitioners are entitled to statutory bail. The cont...