Service Law – Judicial Review – High Court’s Scope – The High Court's role in judicial review under Articles 226 and 227 is not to act as an appellate court over departmental enquiries. It is confined to examining whether the enquiry was conducted by a competent authority, following prescribed procedures, and ensuring natural justice was not violated. The High Court can...
Criminal Procedure – Expeditious Trial – Special Courts – The Supreme Court directed a pilot study to test the scheme of employing retired judicial officers and staff to operationalize Special Courts for NI Act cases. The pilot study will be conducted in 25 Special Courts across five states with the highest pendency: Maharashtra, Rajasthan, Gujarat, Delhi, and Uttar Pradesh [Para...
Land Acquisition – Additional Compensation – The Supreme Court upheld the policy decision of the State Government to demand additional compensation from the allottees of land to resolve disputes with farmers. The Court noted that the policy decision was in the larger public interest, aiming to balance the equities between the allottees and the aggrieved farmers. The decision took into ...
Legal Proceeding – Non-Joinder of Necessary Parties – Non-joinder of a necessary party is critical and can render a legal proceeding null and void. Procedural and substantive laws mandate that in the absence of necessary parties, any order passed is a nullity and not binding. The High Court erred in not considering the necessity of impleading the factory's workmen and the Union of ...
Land Acquisition – Section 24(2) of the 2013 Act – The Supreme Court examined whether the acquisition proceedings initiated under the Land Acquisition Act, 1894, could be declared lapsed under Section 24(2) of the 2013 Act. The Court noted that the period of five years had not lapsed without possession being taken or compensation being paid before the 2013 Act came into force. Therefor...
Service Tax – Manpower Recruitment or Supply Agency – Secondment of Employees – The Supreme Court examined whether the secondment of employees from group companies abroad to the respondent constituted a "manpower recruitment or supply agency service" under Section 65(68) read with Section 65(105)(k) of the Finance Act, 1994. The Court held that the secondment agreement,...
Service Law – Higher Pay-Scale – Delay and Laches – The Supreme Court examined the issue of delay and laches in the appellants' claim for higher pay-scale benefits under the Scheme of Higher Grade Scale. The Court noted that while the appellants were initially granted the higher pay-scale of Rs. 5000-8000/-, the benefit was later withdrawn and revised to Rs. 4500-7000/- by th...
Medical Negligence – Deficiency in Service – The Supreme Court reviewed the case where the NCDRC had dismissed the appeal of the complainant and allowed the appeal of the doctor and the hospital, holding that no medical negligence was proved. The Supreme Court, after examining the evidence, medical records, and the report of the ethics committee of the Medical Council of India (MCI), c...
Insolvency and Bankruptcy – Moratorium – Section 14(1)(c) of the IBC – Any action to foreclose, recover, or enforce any security interest created by the Corporate Debtor is prohibited once the CIRP is initiated and a moratorium is ordered – Proceedings under the SARFAESI Act cannot continue during the moratorium period – Appellant Bank's continued proceedings unde...
Insolvency and Bankruptcy – Jurisdiction – National Green Tribunal (NGT) does not oust the jurisdiction of High Courts under Articles 226 and 227 of the Constitution – The power of judicial review remains intact and unaffected by the NGT Act – High Courts' prerogative to exercise writ jurisdiction continues [Paras 12-15].
Tribunal Location – Bench Est...