Insurance Law – Repudiation of Claim – Deterioration of Stock Policy – The Supreme Court upheld the repudiation of the insurance claim by the insurer, New India Assurance Company Limited, based on the specific terms of the DOS Policy. The policy clearly stated that the insurer would not be liable for any damage if the temperature in the refrigeration chambers did not exceed 4.4 d...
Workmen's Compensation – Interest on Compensation – Delay in Payment – The Supreme Court held that the High Court erred in interfering with the award of interest on compensation after dismissing the insurer's appeal on the ground of limitation. Once the appeal was dismissed for delay, there was no occasion for the High Court to entertain it on merits. Section 4A of the Wo...
Environmental Law – Adjudicatory Functions – Role of NGT – The Supreme Court held that the National Green Tribunal (NGT) cannot abdicate its adjudicatory functions to administrative expert committees. While expert committees can assist the NGT in its fact-finding role, the ultimate adjudication must be by the NGT. Sections 14 and 15 of the NGT Act entrust adjudicatory functions t...
Taxation – Exemption Notification – Conditions for Eligibility – The Supreme Court held that while exemption notifications should be liberally construed, the beneficiary must fall within the ambit of the exemption and fulfill the conditions thereof. If any conditions laid down in the notification are not fulfilled, the application of the notification does not arise. The Court emp...
Consumer Law – Jurisdiction of Consumer Forums – Revisional Jurisdiction – The Supreme Court held that the NCDRC exceeded its jurisdiction under Section 21(b) of the Consumer Protection Act, 1986 by calling for and relying on an additional report from the respondent-bank during the pendency of the revision application. The NCDRC's revisional jurisdiction is limited and should...
Consumer Law – Delay in Possession – Non-compliance with ABA – Appellant failed to deliver possession of apartments in the promised state and time – NCDRC ordered refund with interest – Supreme Court upheld NCDRC’s decision based on breach of representation by the developer [Paras 1-26].
Building Plan Approval – Fire NOC Requirement – Appellant ar...
Constitutional Law – Regularization of Contractual Employees – Writ petition against regularization of ADAs under policy dated 18.03.2011 – Petitioners contended regularization was arbitrary, lacked transparency, and violated constitutional scheme requiring public posts to be filled by best available talent through open competition – Held, policy applied only to certain dep...
Constitutional Law – Reservation in Education – Constitutional validity of OBC and EWS reservation in AIQ seats – Permissibility under Article 15(5) – Reservation in postgraduate medical courses not prohibited – Reservation as a means to ensure substantive equality and address structural barriers faced by disadvantaged classes – Constitutional amendment and legi...
Service Law – Promotion Regulations – ESIC Recruitment Regulations 2015 vs. DACP Scheme – High Court erred in applying DACP Scheme over ESIC Recruitment Regulations 2015 for teaching cadre promotions – ESIC Recruitment Regulations 2015, being statutory, have precedence over DACP Scheme – Concession by appellant’s counsel before CAT irrelevant as legal position i...
Land Acquisition – Higher Compensation – BDA Act vs. 2013 Act – LA Act incorporated into BDA Act remains applicable – High Court erred in applying 2013 Act to BDA acquisitions – 2013 Act provisions not applicable where BDA Act governs acquisition – Repeal of LA Act does not affect ongoing BDA proceedings [Paras 1-24].
Legislation by Incorporation – Prov...