Land Acquisition – Lapsing of Proceedings – The respondents filed a writ petition claiming lapsing of the acquisition proceedings under Section 24(2) of the 2013 Act – High Court allowed the writ petition – Supreme Court held that the respondents cannot claim the benefit of Section 24(2) as they had obtained interim orders preventing the appellant from taking possession &nd...
Negotiable Instruments Act - Compounding of Offence – Petition under Sections 482 and 397 CrPC seeking compounding of offence under Section 138 of the Negotiable Instruments Act – Powers under Section 147 of the NI Act can be invoked at any stage of the proceedings including trial, appeal, or revision – Courts encouraged to be liberal in exercising such powers – Offence com...
Service Law – Dismissal – Submission of False Certificate – The respondent secured employment by submitting a forged SSLC, which was proved in a departmental inquiry. The High Court substituted the punishment of dismissal with reinstatement without back wages. The Supreme Court held that producing a fake certificate is a grave misconduct that justifies dismissal. Interference by ...
Arbitration – Interim Measures – Scope of Section 37 – The appeals challenge the High Court's interim orders issued in the context of Section 37 of the Arbitration and Conciliation Act, 1996, which should focus on examining the Commercial Court's decision regarding interim relief under Section 9. The High Court's orders directed a status report on the FIR, summoned th...
Service Law – Enhanced Age of Superannuation – The appellant, serving in a government-aided private institution, claimed entitlement to the enhanced retirement age of 65 years. The Supreme Court noted the earlier Full Bench decision in Dr. S.C. Jain was overruled in Dr. R.S. Sohane, confirming that teachers in such institutions are entitled to the enhanced retirement age. The appellant...
Consumer Protection – Manufacturer Defect – Punitive Damages – The appeal arises from a complaint regarding a defect in a Hyundai Creta vehicle, particularly its safety features. The respondent purchased the vehicle based on its advertised safety features, including airbags. During a collision, the airbags did not deploy, resulting in injuries to the respondent. Both the State an...
Labour Law – Voluntary Retirement Scheme (VRS) – Appellant contested the employer's order treating his date of birth as 21st September 1945 instead of 21st September 1949 – Supreme Court observed inconsistencies in records maintained by the employer and failure to provide the appellant an opportunity of hearing before altering the date of birth in his service book – Cou...
Public Law – Legitimate Expectation – FPS vacancies canceled by State in light of 2013 Act – Respondent claimed legitimate expectation based on prior selection – Supreme Court held legitimate expectation cannot prevail over statutory reforms required by the 2013 Act – Decision in public interest to implement statutory mandate upheld [Paras 9-22].
Estoppel...
Land Acquisition – Compensation Enhancement – Review petitions allowed by High Court on basis of Supreme Court's earlier remand in related case (Bhola Nath Sharma) – Subsequent developments: High Court re-enhanced compensation to Rs. 2000/- per sq. yard and Supreme Court dismissed SLP against this – Ground for High Court's review decision no longer valid – Sup...
Service Law – Void Appointments – Teachers appointed directly by school management without following statutory procedures – Supreme Court held such appointments to be void ab initio as they contravened statutory provisions – Appointments made without adherence to prescribed rules are unsustainable [Paras 1-32].
Judicial Propriety – Consistency in Tribunal...