Examination Question – Validity – Question regarding the Panchayati Raj Minister in Uttar Pradesh at the time of the exam was ambiguous due to the minister's recent death – Commission decided to award marks to candidates who chose the correct answer as per the pre-death scenario or left it unanswered – Respondent who chose an incorrect option sought relief – Supre...
Market Fee – Liability on Imported Produce – Respondent, engaged in selling processed spices, imports agricultural produce from outside Karnataka, processes it, and sells within the appellant's market area – Market fee levied under Section 65(2) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act of 1966 – Exemption not applicable to imports...
Consumer Complaint – Limitation Period – NCDRC condoned a delay of 100 days in filing a written statement – Appeal based on Constitution Bench judgment in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (2020) 5 SCC 757, which restricts the extension of time beyond 45 days – Judgment applied prospectively – Orders of NCDRC allowing condonation on merit...
Arbitral Award – Excess of Claim – Contractor initially claimed Rs. 10,350,263 but was awarded Rs. 15,195,400 by the Arbitrator – Award in excess of claim is invalid and amounts to jurisdictional overreach – Supreme Court upholds award only up to claimed amount [Paras 9.1-9.2].
Scope of Reference – Maintenance Contract – Arbitrator awarded amounts beyond the ...
Contempt of Court – Executable Decree – Decree obtained under Land Acquisition Act is executable – Contempt not maintainable for non-compliance of such decree – Contempt jurisdiction discretionary, aimed at maintaining court's dignity and law – No right for aggrieved party to insist on contempt action – Petitioner advised to pursue available legal remedies u...
Casual Labourers – Temporary Status and Regularization – Respondent failed to meet the requirement of 240 days of service in a calendar year as per the 1989 Scheme – Committee's report confirmed respondent's service was below the required threshold – High Court and Tribunal erroneously granted temporary status without recording evidence – Appeals allowed, orde...
Environmental Law – Road Widening – Char Dham Highway project involves widening of approximately 900 km of roads to ensure safer, smoother, and faster traffic movement – Court emphasizes the need for sustainable development considering the fragile Himalayan ecosystem – Differing views on road width: DL-PS standard vs. IW standard – Majority view of HPC favors 2012 MoR...
Insolvency Resolution – Threshold for Admission – Adjudicating Authority's jurisdiction under Section 7 of IBC is limited to ascertaining the existence of default and admitting or rejecting the application accordingly – NCLT cannot dismiss the petition on the basis that the corporate debtor is exploring settlement possibilities without addressing the merits of the petition &n...
Hindu Law – Karta’s Power to Alienate – A Karta may alienate joint family property for value either for legal necessity or for the benefit of the estate to bind the interests of all the undivided members of the family whether they are adults, minors, or widows – No specific grounds to prove legal necessity; it depends on the facts of each case – Karta’s discreti...
Election Petition – Non-submission of Form 25 – Appellant contested 2019 elections from 16 Hassan (General) Parliamentary Constituency, alleging respondent no.1 filed a false affidavit and secured election by suppressing material facts – Respondent no.1 sought dismissal for non-compliance with Section 83(1) proviso of the RP Act, requiring Form 25 affidavit – High Court dis...