Arbitration – Modification of Award – Appellant contested the modification of the original award under Section 33 of the Arbitration and Conciliation Act, 1996 – The Supreme Court held that the original award did not contain any arithmetical or clerical errors and was made considering the claims as presented – Modification beyond scope of Section 33 – Both City Civil ...
Promotion – Relaxation in Qualifying Service – High Court directed the competent authority to grant relaxation in qualifying service for promotion, permissible under Rule 4 of the 2006 Rules – Supreme Court held that relaxation under Rule 4 is discretionary, not a right – The term "MAY" in Rule 4 indicates the authority's discretion – High Court erred in...
Land Ceiling – Jurisdiction of Civil Courts – Urban Land (Ceiling and Regulation) Act, 1976 is a self-contained code providing for appeal and revision before designated authorities – Civil courts lack jurisdiction to try suits related to land under ceiling proceedings – Orders by competent authorities under ULC Act are final and cannot be declared illegal or non est by civi...
Succession – Interpretation of Will – The First Appellate Court found that the will's recitals clearly conveyed full ownership to the testator's wife, which the High Court erroneously reversed by incorrectly applying Section 14 of the Hindu Succession Act, 1956 – The Supreme Court held that the High Court should not have interfered as the First Appellate Court's findi...
Public Interest Litigation – Res Judicata – Summary dismissal of earlier petition under Article 32 does not bar the present writ petition – Court must be cautious in applying res judicata in matters of grave public interest – High Court's error in allowing the writ petition without substantive adjudication on merits [Paras 1-13, 26-35].
Disinvestment – Strategi...
Motor Accident – Compensation – Future Economic Loss – Deceased was a 21-year-old student – Tribunal assessed future economic loss at Rs.15,000 per month; High Court reduced it to Rs.5,000 – Supreme Court held the income should be considered at Rs.10,000 per month, with a 40% addition for future prospects – Multiplier of 18 applied based on deceased’s age,...
Pension – Social Security Measure – Coal Mines Pension Scheme, 1998, framed under Section 3-E of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 – Pension considered deferred compensation for long service – Employee opted for 90% pension during lifetime – Widow entitled to lump sum payment equal to 100 times the full monthly pension on employee&rs...
Compassionate Appointment – Policy Applicability – Deceased employee died on 08.10.2015 while serving as a work charge employee – Policy at the time provided Rs. 2 lakhs compensatory amount but no compassionate appointment – Subsequent policy dated 31.08.2016 allowed compassionate appointments for work charge employees – Supreme Court held the claim must be decided ba...
Education – Affiliation and Admission – High Court directed JNTU to proceed with the notification of institutions for the second phase of counselling despite JNTU awaiting State Government approval – Supreme Court held that JNTU’s regulations require prior permission from the State Government for starting new programs or increasing intake capacity – High Court's i...
Compassionate Appointment – Delay and Laches – Appointment on compassionate grounds is an exception to the general rule of public appointments based on merit – If the family has survived for a substantial period after the death of the breadwinner, there is no justification for compassionate appointment at the cost of others’ interests – Application for appointment mad...