Contract Law – Time of Essence – Determination – Whether time is of the essence of a contract must be derived from the entire contract and surrounding circumstances – Merely having an explicit clause is insufficient – Extensions granted indicate time was not of the essence – Contract provided for extensions and imposition of liquidated damages, suggesting timely...
Service Law – Appointment Validity – Appellants were appointed temporarily on leave vacancies and did not pass the speed test for Hindi Stenographers – High Court rightly quashed their appointments and upheld the termination of Respondent Nos. 1 to 3 who were selected through due process – Rule 14(3) validity of the select list was one year, expired on 13.07.1988 – No...
Service Law – Promotion Requirements – Passing of SAS Part II exam was mandated for promotion from Superintendent (D/A) to AAO but not for direct recruits to AAO – Amended notification dated 02.01.2010 requiring SAS Part II for promotion to AO found arbitrary and illogical – High Court read down the requirement, holding it applicable only to promotion from Superintendent (D...
Arbitration Law – Appellate Jurisdiction – Distinction – High Court erroneously acted as an appellate forum in a regular civil suit, rather than under the limited scope of Section 37 of the Arbitration Act – District Judge rightly rejected the petition under Section 34, finding no basis for interfering with the arbitral award – High Court's judgment set aside as i...
Tender – Transportation of Rice – Continuation of interim arrangements for transportation without fresh tenders at old rates from 2017-18 caused significant financial loss to the State – High Court directed immediate steps for fresh tenders – Supreme Court upheld and directed issuance of fresh NIT within 10 days, ensuring fair and transparent process through e-Tender, to be...
Education Law – Admission and Eligibility – Fault of School – Petitioner took Class XII examination but was declared ineligible due to his Class X certificate being from a non-recognized school – Court held it was the responsibility of the admitting school to verify documents before granting admission to Class XI – Fault lies with the school, not the student – W...
Service Law – Misconduct – Quantum of Punishment – Respondent, a CRPF constable, misbehaved, abused, and injured a doctor on duty and made false criminal charges of sexual harassment against the doctor – High Court substituted the penalty of removal from service with confinement in quarter guard jail – Supreme Court held that the punishment by the disciplinary authori...
Real Estate Regulation – Pre-deposit Requirement for Appeals – The requirement under Section 43(5) for promoters to deposit at least 30% of the penalty or the total amount to be paid to the allottee including interest and compensation before an appeal is heard is not violative of Articles 14 and 19(1)(g) of the Constitution. This pre-deposit ensures that the determined amount is safegu...
Tenancy Law – Actual Physical Possession – The expression "actual physical possession of land and building" under Section 2(4)(ii)(b) of the Chennai City Tenants Protection Act, 1921, requires the tenant to be in actual physical possession. Tenants who have sublet the building or given the premises on leave and licence basis are not entitled to protection and benefit und...
Environmental Law – Sand Mining –The National Green Tribunal's (NGT) direction that sand mining in Bihar must be approved by the SEAC and SEIAA based on the DSR was challenged. The appellant contended that the Tribunal erred in its judgment, asserting that developmental activities should not be stalled and that legal mining should continue to prevent illegal activities and loss to ...