Land Acquisition – Redetermination of Compensation – Supreme Court held that an application under Section 28A of the Land Acquisition Act cannot be maintained on the basis of an award passed by a Lok Adalat under Section 20 of the Legal Services Authorities Act – The Lok Adalat facilitates a settlement but does not have an adjudicatory role, and its awards, based on compromises, ...
Family Law – Dissolution of Marriage – Cruelty – Supreme Court upheld the High Court’s reversal of the Family Court's decree of dissolution of marriage on the ground of cruelty – Found no basis for the allegation of cruelty by the respondent, who had faced complications during pregnancy and stayed at her parental home for legitimate reasons – The appellant f...
Electricity Law – Withdrawal of Petition – Appellants-DISCOMS sought to withdraw the petition for the approval of PPA – Decision impacted significant investments by HNPCL – Appellants could not be permitted to change decisions whimsically, especially when contrary to public interest – APTEL held DISCOMS’ withdrawal of the petition as impermissible, upholding the...
Public Employment – Eligibility Criteria – Advertisement required applicants to possess Rajasthan State Certificate in Information Technology (RSCIT) by the last date of application submission – Respondent did not possess RSCIT by the extended deadline and was subsequently rejected – Acquired RSCIT in 2014, after stipulated period – Recruitment resumed in 2017 under o...
Service Law – Pension Fixation – Respondent retired as a selection grade Lecturer on voluntary retirement w.e.f. 31.7.2006 – Initial pension fixation errors corrected by High Court, confirming pre-revised pension at Rs. 8907 – Revised pension fixed at Rs. 19334 w.e.f. 1.1.2006 following High Court directions – Appellant challenged revised fixation citing leave without...
Arbitration – Jurisdiction of Arbitrator – Lease and dealership agreements are distinct – Arbitration clause in dealership agreement invoked for dispute – Arbitrator appointed under dealership agreement adjudicated lease agreement issues – Held, arbitrator exceeded jurisdiction – Award on lease rent and term set aside [Paras 1-61].
Contractual Inter...
Civil Procedure – Contempt Jurisdiction – Order 39 Rule 2A CPC – Contempt for wilful disobedience requires proof of intentional, conscious, and deliberate violation of court orders – Mere disobedience insufficient for contempt – Court must exercise contempt powers cautiously, requiring evidence of bad purpose or stubborn, obstinate actions – Casual, accidental, ...
Hindu Succession Act – Absolute Property – Section 14(1) – Property of a female Hindu to be her absolute property – Objective is to convert limited interest of a wife into absolute ownership if the property was acquired in lieu of maintenance – A Hindu male can create a limited estate in a will for his wife, but it will mature into an absolute estate under Section 14(...
Constitutional Law – Legislative Competence – Manipur Parliamentary Secretary Act, 2012 (2012 Act) – The 2012 Act provided for the appointment, salary, and allowances of Parliamentary Secretaries in Manipur – The Act was challenged in the High Court of Manipur for lack of legislative competence – The 2012 Act was repealed by the Manipur Parliamentary Secretary (Appoin...
Service Law – Seniority and Promotion –Dispute over seniority between contractual employees regularized retrospectively and another employee appointed through direct recruitment – Regularization of respondents' service was cancelled by the State Government but reinstated by the High Court – Supreme Court upheld respondents' seniority based on initial appointment dat...