Interim Administration – Committee of Administrators (CoA) – CoA constituted to formulate the Constitution of AIFF in line with National Sports Code and Model Guidelines – CoA to ensure constitution of Executive Committee and holding of elections – CoA reconstituted with three members: Justice Anil R. Dave, Dr. S.Y. Qureshi, and Mr. Bhaskar Ganguly – CoA to take charg...
Compromise Decree – Validity – A compromise decree cannot be appealed but must be challenged before the court that issued it, proving the agreement underlying the decree is invalid – High Court erred in setting aside Lok Adalat's compromise decree without thorough reasoning or considering fraud allegations [Paras 27-29, 34].
Lok Adalat Awards – Finality and...
Hindu Law – Maintenance Rights – A Hindu widow's right to maintenance is a tangible right against the property, recognized under Shastric Hindu Law and reinforced by subsequent legislation – Exclusive possession of HUF property by a widow presumes the property was earmarked for her maintenance, creating a pre-existing right that can convert to full ownership under Section 14(...
Medical Admissions – NRI Quota – Unfilled NRI quota seats in private medical colleges cannot be transferred to the unreserved category without proper legal provisions – The High Court's decision allowing such a transfer based on Clause 5.5.4 of the Prospectus was erroneous, as NRI quota does not fall under 'special reservation' as defined in the Prospectus [Paras 10-1...
Arbitration – Jurisdictional Seat – The appointment of a new arbitrator who conducts arbitration proceedings at a different location does not change the jurisdictional 'seat' already fixed by the first arbitrator – The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held – Jurisdictional 'seat' remains sta...
Fraud and Collusion – The appellant is the victim of fraud played by the original plaintiff and defendant (wife and husband) – The original plaintiff obtained a collusive decree in her favor against the original defendant (her husband) without contest, claiming the property based on an unsubstantiated family settlement – The appellant purchased the property based on a sale deed e...
Restoration of Forfeited Property – Rule 119(2) – The Government amended Rule 119(2) to allow restoration of forfeited property if applications were made within one year from the date of the amendment – The appellant applied for restoration within the prescribed period – The High Court quashed the Forest Department’s transfer of the property and restored it to the res...
Contempt Jurisdiction – Appointment Process – The SCSC recommended 41 persons for appointment as ITAT members (28 in the main list and 13 in the waitlist) – The Appointments Committee of the Cabinet (ACC) selected 22 persons, leaving 19 unappointed – The Court found the Government's selective appointment process lacked transparency, especially in handling subsequent fee...
Promotion Criteria – Medical Fitness – The Indian Army's promotion to higher ranks, including that of Major General, requires meeting medical fitness criteria – Regulation 67(b) allows officers with specific medical classifications to be considered for promotion if certain conditions are met – The No.1 Selection Board considered the respondent's medical status and r...
Ex-Parte Decree – Setting Aside – When an ex-parte decree is set aside and the suit is restored, the defendants cannot be relegated to the position prior to the date of hearing of the suit – Defendants are debarred from filing any written statement but can participate in the hearing of the suit, cross-examine the plaintiff's witnesses, and address arguments [Paras 6, 7].
H...