Arbitration – Setting Aside of Arbitral Award – Appellant challenged the decision to set aside an arbitral award – The dispute arose from the sale of shares and a subsequent deed of settlement – High Court set aside the award on grounds that the arbitrator's conclusions were not in accordance with the fundamental policy of Indian law – Supreme Court affirmed the H...
Land Acquisition – Interpretation of Limitation Period – Whether the two-year period under Section 11A of the Land Acquisition Act, 1894 applies post-repeal, or the twelve-month period under Section 25 of the 2013 Act applies – Court held that Section 25 of the 2013 Act governs awards made under Section 24(1)(a) – Limitation period for making awards commences from 1st Janua...
Criminal Law – Rape and Murder – Conviction – Appellant convicted of rape and murder of a minor girl based on disclosure statement leading to recovery of the dead body – Court affirmed the conviction noting the strong chain of circumstances and corroborative evidence – Testimonies of witnesses established the appellant's involvement in the crime – Conviction...
Consumer Law – Deficiency in Service – Losing the case on merits after the advocate argued the matter cannot be said to be deficiency in service on the part of the advocate – Court held that in every litigation, one party is bound to lose, and such loss does not constitute a deficiency in service by the advocate – Complaints against advocates for losing cases on merits dism...
Arbitration – Setting Aside of Arbitral Award – Plea of waiver taken against appellant-State on the ground of not raising objection in Section 34 petition dismissed – Court held Section 34(2A) empowers setting aside of an award if vitiated by patent illegality – Such grounds can be invoked by the Court in an appeal under Section 37 – High Court should have considered ...
Service Law – Selection Criteria – Elementary Trained Teachers (ETT) – Challenge to the selection criteria for ETT posts, which awarded additional marks for higher qualifications – Petitioners argued this was contrary to the Service Rules which mandate selection based solely on written test scores – Court held that the criteria violated Rule 6(4) of the 2018 Service R...
Habeas Corpus – Child Custody – Legal and Proper Detention – Petition for habeas corpus seeking release of minor son aged 14 years – Child living with grandfather and uncle since birth – Court held writ of habeas corpus maintainable only if custody is illegal or improper – Direct interaction with the child showed he was happy living with his grandfather and did ...
Insurance Policy – Interpretation and Revival – Appellant challenges NCDRC's decision allowing the respondent's claim for accident benefit – Supreme Court holds that the terms of the insurance policy must be strictly construed and the policy had lapsed before the accident occurred – Revival of the policy after the accident without disclosing the accident was conside...
Forest Land Demarcation – Section 3 and 8 of the Vesting Act – Appellants challenge the High Court's decision that only 100 hectares and 155.90 acres were forest land, with the rest being plantations – Supreme Court finds no error in High Court's judgment – High Court correctly relied on surveys, reports, and evidence showing the land's status on the appointed d...
Abolition of Post – UGC Tenth Plan – Appellant challenges the termination of his services as an Assistant Professor, arguing that the post was sanctioned and financially supported by the UGC under the Tenth Plan and should not have been abolished – Supreme Court finds termination illegal, noting that the University had the power to abolish a department but not a post sanctioned b...