Limitation Law – Preliminary Issues – Appeal against dismissal of suit based on limitation – Suit filed under Order 37 of the CPC for recovery of a business loan – Trial court and High Court dismissed the suit as time-barred – Supreme Court holds that the issue of limitation intertwined with factual disputes should not be decided on preliminary arguments alone &n...
Partnership Law – Bar of Section 69(2) – Appeal against High Court's decision rejecting the plaint under Section 69(2) of the Indian Partnership Act – Suit for declaration and injunction by unregistered firm – Supreme Court reiterates that the bar under Section 69(2) applies only to suits for enforcement of rights arising from contracts entered into during the cour...
Labour Law – Termination – Reinstatement and Compensation – Appeal against High Court's decision affirming Labour Court's order of reinstatement with back wages – Respondent's termination in breach of Sections 25-F and 25-G of the Industrial Disputes Act – Supreme Court finds that reinstatement and back wages not warranted for a contractual employee o...
Tender Process – Judicial Review – Appeals challenging High Court's interference with the tender inviting authority's decision – Tender for supply of tablets – Supreme Court emphasizes that the tender inviting authority is the best judge of its requirements – Court should not interfere unless there is mala fide or perversity – High Court's decis...
Disciplinary Proceedings – Judicial Review – Appeal challenging the High Court's decision to set aside the dismissal of a bank employee – Supreme Court emphasizes that judicial review under Article 226 is not appellate in nature – Courts can intervene when findings are based on no evidence, are perverse, or are based on irrelevant material – High Court's ...
Parole - Temporary Release for Medical Reasons – Petition under Section 482 Cr.P.C. seeking parole under Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – Petitioner’s mother seriously ill and hospitalized – Petitioner previously released on emergency parole without misuse – Parole rejected on grounds of apprehension of absconding a...
Execution of Foreign Decrees – Jurisdiction – Appeal against the High Court's decision on the execution of a foreign money decree – Foreign decree from a superior court of a reciprocating territory (United Kingdom) – Supreme Court clarifies that the High Court of Delhi has jurisdiction to entertain execution petitions for foreign decrees if the decree amount exceed...
Registration Act – Original Power of Attorney – Appeal against High Court's decision concerning the requirement of producing the original power of attorney – Supreme Court clarifies that Sections 32(c), 33, and 34(2)(c) do not necessitate the production of the original power of attorney if the power of attorney holder presenting the document is also the executant –...
Legislative Procedure – Suspension of MLAs – Challenge to the suspension of 12 MLAs for disorderly behavior – Supreme Court emphasizes that long-term suspension impacts the representation of the constituency more severely than expulsion, disqualification, or resignation – Held that the suspension for one year is unreasonable, irrational, and arbitrary – Impugned ...
Central Civil Services – Grade Pay under MACP Scheme – Appeal against the High Court’s decision to grant grade pay of Rs. 6600/- – Supreme Court holds that as per Clause 8.1 of the MACP Scheme, grade pay of Rs. 5400/- in PB-2 and PB-3 are to be treated as separate grade pays – High Court’s allowance of grade pay of Rs. 6600/- was erroneous and contrary to M...