Service Law – Submission of Documents – Applicants required to submit all necessary documents along with the application form by the cut-off date – Respondent failed to submit NCC 'B' certificate with original application – Certificate submitted three years after the cut-off date – Not entitled to additional five marks [Paras 1-10].
Judicial Review – ...
Fake Motor Accident Claims – Investigation and Proceedings – 28 advocates accused in Uttar Pradesh for filing fake motor accident claims – Total of 92 criminal cases registered, involving 28 advocates in 55 cases – Charge sheets filed against 11 advocates in 25 cases – Special Investigating Team (SIT) tasked with expediting investigation and filing status reports on t...
Compassionate Appointment – Application by Dependent Brother – Respondent sought compassionate appointment after the death of his unmarried sister who was an Assistant Teacher – Application rejected by the competent authority as the amendment extending benefits to unmarried dependent brothers came after the sister's death – Tribunal and High Court directed the state to ...
Tenancy Law – Ownership Certificate – Protected tenant granted ownership certificate under Section 38E of the Tenancy Act – Appeals against occupancy rights withdrawn as inconsequential after ownership certificate issuance – Ownership vests unambiguously with protected tenants – Purchasers divested of ownership rights – Certificate undisputed by purchasers [Para...
Land Acquisition – Notification under Section 48(1) – Notification for acquisition under Section 4(1) of the Land Acquisition Act 1894 takes away individual’s property rights, while a Notification under Section 48(1) confers benefits – Such notifications do not warrant notice or hearing to landowners – If anyone is aggrieved, it would be the beneficiary of the acquisi...
Burden of Proof – Full and Final Settlement – Defendants admitted receipt of Rs. 1,050,000/- and partial repayment of Rs. 500,000/-, claimed it as full and final settlement – No written proof of settlement – Oral evidence of mediators insufficient without documentary evidence – Defendants failed to prove the onus of settlement – Plaintiff entitled to recovery de...
Condonation of Delay – Appeal against Order – Respondent's delay of 1011 days in preferring the Second Appeal condoned by the High Court – No sufficient or satisfactory explanation provided for the delay – Courts cannot entertain belated and stale claims on equity grounds – Delay defeats equity – The High Court failed to exercise discretion judiciously &ndas...
One Time Settlement (OTS) Scheme – Non-Performing Asset (NPA) – Bank initiated proceedings under SARFAESI Act – Respondent's loan account categorized as NPA – Respondent applied for OTS which was rejected by the bank due to eligibility criteria – High Court issued a writ of mandamus directing bank to consider the application positively – Supreme Court held t...
Arbitration Award – Setting Aside of Arbitral Award – Order passed by Facilitation Council without following arbitration procedure – Council’s order was challenged in writ petition – High Court dismissed the petition – Supreme Court held that the order of the Facilitation Council was a nullity as it bypassed mandatory arbitration procedure under MSMED Act and Ar...
Arbitration Law – Interim Measures – Section 9 of Arbitration Act – Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief to restrain the respondent from supplying agricultural machinery to third parties – Petitioner relied on exclusivity clauses in the distribution agreement – Court noted the inordinate delay in approaching th...