Sexual Misconduct – Disciplinary Proceedings – Allegation of sodomy by respondent, a Head Constable in BSF – Commandant directed preparation of additional RoE to clarify the date of incident – SSFC found respondent guilty and demoted him – High Court quashed disciplinary proceedings and reinstated respondent – Supreme Court held Commandant had jurisdiction to or...
Arbitration – Maintainability of Fresh Reference – High Court quashed Tribunal's order dismissing reference as not maintainable – Tribunal held reference not maintainable since dispute already adjudicated by Housing Commissioner – High Court's referral to Housing Commissioner was a consent order – Housing Commissioner’s award attained finality as it was ...
SARFAESI Act – Waiver and Estoppel – Borrower repeatedly requested restructuring of loans post notices under Sections 13(2) and (4) – Bank deferred SARFAESI action in consideration of Borrower's promises – Borrower's conduct amounted to waiver of statutory rights under Section 13(3A) – Equitable estoppel bars Borrower from challenging Bank’s actions &nda...
Constitutional Law - Writ Petition under Articles 226 and 227 - UGC Regulations - Denial of Benefits of Senior Scale/Selection Grade - Petitioners were Lecturers initially appointed on a temporary basis and later on a permanent basis - Temporary service period not considered for benefits of Senior Scale and Selection Grade - Held, service period during ad hoc/temporary appointment followed by regu...
Service Law – Pension Determination – Appellant, a lecturer, sought to include his practice at the Bar as qualifying service for pension under Rule 25(a) of KSR – Respondent University denied the benefit citing a proviso inserted after his appointment – Supreme Court held the proviso could not be applied retrospectively to the appellant who joined before its insertion &ndas...
Family Law – Dissolution of Marriage – Marriage dissolved on grounds of cruelty and desertion by the appellant-wife – Concurrent findings by Family Court and High Court – Supreme Court noted irretrievable breakdown of marriage as the parties have been living separately since May 2011 and respondent-husband has re-married – Decree of divorce upheld under Article 142 of...
Insolvency Law – Timely Resolution – Appeal arose from the NCLAT’s order directing liquidation due to delays in the insolvency resolution process – Supreme Court emphasized mandatory completion within 330 days as per Section 12 of IBC, including extensions and litigation time – Allowed further time for resolution due to unique circumstances and previous litigations, s...
Medical Negligence – No fault found with hospital operation theatre availability – Operation theatres were occupied during the patient's surgery timeframe – Non-availability during other ongoing surgeries not a ground for hospital negligence [Paras 18-19].
Doctor's Absence – Doctor's absence due to attending medical conferences abroad cannot infer negligence ...
Second Appeal – Dismissal without Reasons – High Court must provide reasons for dismissing a second appeal at the admission stage – Essential for understanding and transparency – The absence of reasons invalidates the dismissal order [Paras 14-15].
Section 100 CPC – Substantial Question of Law – High Court to determine if the appeal involves a substantial que...
Forest Conservation – Felling of Trees – Delhi Metro Rail Corporation Ltd. (DMRC) required to seek permissions under Forest (Conservation) Act, 1980 for construction of Phase-IV MRTS Project – Directions issued to file applications for diversion of forest land [Paras 1, 3-4, 18, 19].
Sustainable Development – Balancing Development and Environment – Emphasis on the ...