Public Contracts – Evaluation of Public Interest – State's claim of loss of public money cannot override contractual obligations without evidence – Contracts must uphold fairness and sanctity to ensure business confidence and economic stability [Paras 1-14].
Doctrine of Promissory Estoppel – Government bound by its promises unless substantial public interes...
Civil Procedure – Fraud Allegations – General allegations of fraud without specific particulars are insufficient to sustain a suit – Merely using the words "fraud" or "fraudulent" does not meet the legal standard for pleading fraud under Order VI Rule 4 CPC – Allegations must be supported by material particulars to be legally valid [Paras 7.2-7.3].
Ba...
Environmental Clearance – Requirement – Further construction of the appellant's project comprising six buildings cannot proceed without a new environmental impact assessment – Environmental clearance needed for any new construction beyond initial sanctions [Paras 3-4, 18-19].
Doctrine of Legitimate Expectation – Project proponents are entitled to operate under the en...
Service Law – Back-wages – In cases of wrongful termination, reinstatement with continuity of service and back-wages is the normal rule – Adjudicating authority must consider the length of service, nature of misconduct, financial condition of the employer, and similar factors – High Court correctly granted 50% back wages to the respondent [Paras 1-14].
Rule 161 RPF Rules...
Succession Law – Execution of Unprivileged Wills – High Court incorrectly formulated the question of law based on factual inquiry, contrary to Section 100 CPC – Both the Trial Court and the First Appellate Court had found the will not proved in terms of Section 63 of the Indian Succession Act – High Court's detailed factual inquiry was impermissible [Paras 1-8].
Evid...
Consumer Protection – Allegations of Coercion – Allegations by the complainant of being coerced and threatened to sign blank papers for settlement – National Commission’s orders requiring personal appearance and issuing bailable warrants against Director of appellant company found premature and unwarranted without detailed examination of allegations [Paras 1-5].
Judicial...
Property Law – Declaration of Ownership – High Court erred in denying declaration of ownership solely because plaintiffs failed to establish possession – Proviso to Section 34 Specific Relief Act not a bar if consequential relief sought but not granted on merit – Plaintiffs entitled to declaratory decree of ownership even if injunctive relief denied [Paras 15-19].
Posses...
Arbitration – Scope of Arbitrator's Jurisdiction – Arbitrator exceeded jurisdiction by passing the award on contracts beyond the Bina Project agreement – High Court rightly set aside the award concerning other projects/contracts – Arbitrator bound by the specific agreement referred to arbitration [Paras 1-5].
Arbitration Award – Partial Upholding &nda...
Service Law – Appointment – Arts and Crafts Teachers – Dispute over equivalence – Whether the diploma in Art and Craft by Kurukshetra University through distance education is recognized as equivalent to the diploma by the Haryana Industrial Training Department – The eligibility criteria specified a "two-year Diploma in Art and Craft examination conducted by the H...
Recovery of Debts – Limitation – Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Whether Section 5 of the Limitation Act, 1963 is applicable – Supreme Court holds that Section 5 of the Limitation Act does not apply to appeals against the order of the Recovery Officer under Section 30 of the Act – The prescribed period of 30 days...