Arbitration – Interest Award – Arbitrator awarded pendente lite and future interest despite Clause 16(2) of GCC barring such interest – Supreme Court held that as per Clause 16(2), no interest shall be payable on earnest money, security deposit, or amounts payable to the contractor under the contract – Arbitrator and High Court erred in awarding interest contrary to the con...
Rent Control – NRI Landlords – Right to Eviction – NRI purchasers of property can invoke summary jurisdiction under Section 13-B of the East Punjab Urban Rent Restriction Act after five years of ownership, irrespective of who initially let out the premises – Distinction between 'landlord' and 'owner' critical – High Court order upheld, confirming evict...
Jurisdiction – Civil Court – Punjab Security of Land Tenures Act – Whether the bar on jurisdiction under Section 25 of the Punjab Security of Land Tenures Act, 1953, applies even when the landlord-tenant relationship is disputed in a proceeding under Section 14A of the Act – Supreme Court held that the validity of orders under Section 14A is open to scrutiny in a Civil Cour...
Reservation in Promotion – Gradation List – Appellants challenged the gradation list prepared based on the Jammu and Kashmir Reservation Rules 2005, contending it should not apply to inter se seniority for promotion – High Court set aside the gradation list and promotion orders based on it – Supreme Court found the High Court's reliance on an unrelated case (Ashok Kumar...
Civil Procedure – Injunction – Appellants challenged the High Court's injunction order which was granted without giving them an opportunity to be heard and without making them party-defendants – High Court had granted injunction regarding 1/7th share of properties – Supreme Court held that no injunction could be granted without proper hearing and impleading necessary pa...
Motor Vehicles Act – Notional Income – Fixation of notional income for non-earning members at Rs.15,000/- per annum is outdated and unjust – Supreme Court raises the notional income to Rs.25,000/- per annum considering inflation and cost of living – Compensation for death of a child aged 7 years reassessed at Rs.4,70,000/- including filial consortium and funeral expenses [P...
Environmental Law – Forest Clearance – Appellant challenged Stage-I Forest Clearances and sought remedy under Section 14 of the NGT Act – Tribunal dismissed the application, suggesting it should have been an appeal under Section 16 – Supreme Court held that the Tribunal was incorrect in its dismissal and allowed the appeal, remanding the case to the Tribunal [Paras 8-16].
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Administrative Law – Judicial Review – Selection of DGP – Challenge to the empanelment and selection process for the post of DGP in Punjab – Appellants alleged bias and arbitrary selection criteria – Supreme Court upheld the selection process as per the Draft Guidelines, confirming their legality and conformity with the principles laid down in Prakash Singh v. Union o...
Banking Law – Disciplinary Proceedings – Misconduct by Bank Manager – Respondent sanctioned advances in violation of Head Office instructions causing financial loss to the bank – Disciplinary action taken under Clause 22(ix)(a) of the Bank of Cochin Service Code – Respondent dismissed from service after inquiry – High Court quashed disciplinary proceedings citin...
Insurance Law – Repudiation of Claim – Appellant claimed non-disclosure of hydrology data by respondent – National Commission found no non-disclosure or fraud by respondent – Supreme Court upheld the Commission's decision, emphasizing that the appellant was aware of the previous year's insurance policy details and did not request additional data before issuing the p...