Constitutional Law – Reservation in Promotions – Quantifiable Data Requirement – The Supreme Court emphasized that states must collect quantifiable data to show the inadequacy of representation of SCs and STs in public employment before providing reservations in promotions. The yardstick for determining the adequacy of representation and the unit for collecting such data must be ...
Trust Law – Disposal of Trust Property – Registrar's Authority – The Supreme Court held that the Registrar of Public Trusts cannot impose conditions beyond those stipulated in the trust deed or by law. The Registrar's authority to refuse sanction for the disposal of trust property is limited to situations where such disposal would be prejudicial to the interests of the tr...
Landlord-Tenant Law – Statutory Tenancy – Jurisdiction of Civil Courts – The Supreme Court held that the jurisdiction of Civil Courts is barred in matters covered by the Haryana (Control of Rent & Eviction) Act 1973, which provides a complete code for determining the rights of tenants and landlords. The appropriate remedy for eviction in such cases lies with the Rent Controll...
Service Law – Pension – Application of Amended Pay Rules – The Supreme Court held that the amended pay rules, which came into effect after the retirement of the respondent, could not be applied retroactively to revise his pension. The principle of "equal pay for equal work" was found inapplicable in this case as the upgraded post and apex scale were created after the re...
Service Law – Dismissal – Misconduct – Compulsory Retirement – The Supreme Court held that while driving a vehicle under the influence of alcohol, especially while carrying personnel, is a severe misconduct warranting strict punishment, the specific circumstances, including the employee’s long service and minor nature of the accident, merited a reduction in the severi...
Constitutional Law – Article 32 – COVID-19 Vaccination – Pregnant Women and Lactating Mothers – The Supreme Court held that the concerns regarding the vaccination of pregnant women and lactating mothers fall within the policy domain and should be addressed by expert groups such as the National Technical Advisory Group on Immunization (NTAGI) and the National Expert Group on...
Service Law – Reservation – Mandamus – The Supreme Court held that no mandamus can be issued directing the State Government to provide for reservation or to collect quantifiable data to justify their action not to provide for reservation. The Court emphasized that Articles 15(4) and 16(4) of the Constitution are enabling provisions, and the State is not obligated to provide reser...
Arbitration – Appointment of Arbitrator – Insufficient Stamping – The Supreme Court held that the jurisdiction to adjudicate issues at the pre-appointment stage of an arbitrator is limited to taking a prima facie view on the existence of the arbitration agreement. Issues of arbitrability and validity, including concerns of insufficient stamping, should be referred to arbitration ...
Unfair Trade Practice – Delay in Possession and Extra Charges – The Supreme Court held that compensation under Section 12-B of the MRTP Act can only be granted when a consumer proves that loss or damage was caused due to monopolistic, restrictive, or unfair trade practices. The appellants failed to prove that the respondent engaged in unfair trade practices, and thus were not entitled ...
Motor Accident - Compensation - Enhancement of - Pain, suffering, and trauma post-accident cannot be fully compensated monetarily but awarding suitable compensation provides solace - Amount of compensation under pain, shock, suffering, loss of amenities, and happiness depends on each case's facts and circumstances - Claimant in coma and bedridden warrants higher compensation [Paras 7-8.1].
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