Arbitration – Interim Measures – Deposit of Rental Amounts: The Supreme Court held that the arbitral tribunal should not have directed the appellant to deposit 100% of the rental amount due for the period between March 2020 and December 2021 by way of interim measures when there was a serious dispute regarding the liability of rental payments during the Covid-19 pandemic under the forc...
Hindu Law – Joint Family Property – Alienation – A Hindu father or managing member of a HUF has the power to make a gift of ancestral property only for a 'pious purpose' – The gift deed executed ‘out of love and affection’ does not come within the scope of the term ‘pious purpose’ – The Karta/Manager may alienate joint family property o...
Labour Law – Territorial Jurisdiction – Preliminary Issue – The Labour Court decided that it lacked territorial jurisdiction since the appellant was employed, worked, and terminated at Ghaziabad – The Labour Court's decision, upheld by the High Court, was affirmed by the Supreme Court, which emphasized that the court at the location where the cause of action arose has t...
Constitutional Law – Writ Jurisdiction – Duty of High Court – The High Court must deal with all issues raised in a writ petition and provide a reasoned order – The High Court failed to address the merits of the order passed by the Tribunal, instead directing compliance without any substantive discussion – The High Court's failure to exercise its jurisdiction under...
Service Law – Appointment Process – Statutory Interpretation – The Andhra Pradesh Direct Recruitment for the post of Teachers (Scheme of Selection) Rules, 2012, specifically Rule 16, does not mandate the preparation of a waiting list – In the absence of such a provision, the employer is not required to offer unfilled vacancies to candidates next in the merit list – Th...
Insolvency and Bankruptcy – Limitation – Acknowledgment of Debt – The provisions of Section 18 of the Limitation Act are applicable to proceedings under the IBC – An acknowledgment in a balance sheet without qualification can extend the period of limitation, provided the acknowledgment is within three years from the original date of default [Paras 13-14].
Judic...
Civil Procedure – First Appeal – Order 41 Rule 31 CPC – Duty of First Appellate Court – Supreme Court emphasized that the first appellate court must reappreciate the evidence, consider the arguments, and apply the law – Judgment must reflect conscious application of mind and record findings supported by reasons on all issues – Appellate court failed to discharge...
Educational Qualification – Requirement for Appointment – Advertised Qualification – Postgraduate and Bachelor Degrees in History – Appellants challenged the cancellation of their appointments due to having degrees in specialized branches of History rather than History as a whole – Supreme Court upheld the cancellation, affirming that specific educational qualificatio...
Education Law – Eligibility for Absorption – Absorption of Teachers – Post Qualification Teaching Experience – State Government took over a private Ayurvedic College – Screening Committee to assess qualifications and eligibility as of the cut-off date (June 1, 1986) – Supreme Court held that eligibility should be assessed as of the cut-off date and not based on ...
Constitutional Law – Right to Life – Compensation for Violation – Meerut Fire Tragedy – Liability of Organizers and State – Petitioners sought compensation for victims of fire tragedy – Supreme Court held that the right to life guaranteed under Article 21 includes the right to compensation for loss of life and personal liberty due to negligence – No statut...