Civil Procedure – Ex parte Decree – Appellants filed suit for declaration and possession – Trial Court passed ex parte decree – Respondent (defendant) preferred an appeal with a delay of 2 years and 7 months – First Appellate Court dismissed the appeal due to absence of delay condonation – High Court erroneously quashed both First Appellate Court’s dismiss...
Insolvency Law – Resolution Applicant Eligibility – Sections 29A and 29A(h) of the IBC – Supreme Court held that "such creditor" in Section 29A(h) should be interpreted to include all similarly placed creditors after the initiation of the insolvency resolution process – The disqualification under Section 29A(h) is triggered by the existence of an enforceable guara...
Arbitration Law – Extension of Time and Contract Termination – Supreme Court upheld the findings of the Sole Arbitrator and the Single Judge, which granted the appellant an extension of time for completing the work and declared the termination of the contract by the respondent as wrongful – The Court emphasized that the Arbitrator’s interpretation of the contract clauses an...
Civil Procedure – Second Appeal – Section 100 CPC – Supreme Court held that the High Court must frame substantial questions of law before deciding a second appeal – The requirements of sub-sections (4) and (5) of Section 100 CPC are mandatory – The High Court’s failure to frame such questions and its reappraisal of evidence to disturb concurrent findings of lowe...
Environmental Law – Eco-sensitive Zone – Mount Abu – The NGT based its judgment on the Expert Committee's report that declared the appellant's land unfit for construction due to its ecological sensitivity – The Supreme Court upheld the NGT's decision, emphasizing the precautionary principle and the necessity of protecting fragile ecosystems – The report...
Service Law – Overseas Deputation – The Supreme Court held that a deputation involves a tripartite consensual agreement between the lending employer, borrowing employer, and the employee – The respondent failed to provide cogent evidence that the appellant was seconded to work overseas on deputation – A transient business visit without any written agreement detailing terms ...
Security Lapse – Prime Minister's Visit – The Supreme Court addressed a significant security breach incident during the Prime Minister’s visit to Punjab – The Court emphasized the need for a judicially trained independent enquiry to determine the causes, responsibility, and remedial measures for such a breach – An Enquiry Committee was appointed comprising Justice...
Constitutional Law – Writ Petition – Article 226 – The Supreme Court reiterated that when an effective alternative remedy is available under a statutory framework, writ petitions under Article 226 should not be entertained – The High Court erred in entertaining the writ petitions filed by the borrowers against the SARFAESI notice and granting an ex-parte interim order direc...
Pension Scheme – Vested Rights – Supreme Court upheld the vested rights of the employees under the bank pension scheme introduced on 1st April 1989 – The Court held that the retrospective amendment made on 11th March 2014, which discontinued the pension scheme, violated Articles 14 and 16 as it took away accrued rights of the employees – The Court emphasized the importance ...
Cooperative Societies – Plot Allotment – Section 61(1)(b) of APCS Act – The Supreme Court upheld the allotment of a plot to respondent No. 1 (M.V. Ramana), a member of the Society, who had exchanged his earlier allotted plot with the disputed one – Despite the absence of General Body approval for the Board Resolution as required by Rule 42(4), the Court found that the allot...