Insurance Law – Repudiation of Claim – Appellant's shop insured under a policy from the respondent – Policy excluded coverage for basement locations – Shop located in basement and met with fire accident – State Commission ruled in favor of appellant citing unfair trade practice and non-disclosure by insurer – National Commission overturned decision – S...
Market Value Determination – Public Auction – Section 47A – The provision under Section 47A of the Act does not apply to properties sold through public auctions conducted under court supervision – Public auctions ensure transparency and reflect the true market value, thus the Registering Authority cannot reassess or dispute the market value determined through such auctions ...
Land Acquisition – Public Interest vs. Private Interest – The case involves the acquisition of appellants' property for constructing a road – The Supreme Court emphasized that public interest, particularly when urgent and pressing, must take precedence over private interests to the necessary extent – The Court underscored that in a democratic society governed by the rul...
Civil Jurisdiction – Bar under RDB Act – Section 9 CPC confers jurisdiction upon Civil Courts to determine all disputes of civil nature unless barred under statute – RDB Act provides jurisdiction to Debts Recovery Tribunal (DRT) for bank debt recovery, not explicitly barring civil suits initiated by borrowers against banks – Civil Courts retain jurisdiction in borrower-init...
Service Law – Reinstatement Post-Acquittal – Employee can be reinstated only upon honourable acquittal, not if acquitted on benefit of doubt – Respondent constable dismissed from service for gross misconduct involving extortion and misuse of a firearm – Acquitted in criminal trial on benefit of doubt, not on merits – Supreme Court upholds the principle that department...
Career Advancement Scheme (CAS) Benefits – Respondent initially appointed as a Lecturer in a temporary post, but with necessary approval and continuously worked from 1998 to 2011 – Regulation 10.1(f) of UGC Regulations allows counting previous ad hoc or temporary service of more than one year for CAS benefits, provided certain conditions are met [Paras 6-6.3].
Continuous S...
Recognition of B.Ed. Colleges – State Government's Policy – State Government took a policy decision not to grant recognition to new B.Ed. colleges based on statistics showing that the number of B.Ed. graduates far exceeded the need for teachers, leading to unemployment – High Court quashed this decision as arbitrary – Supreme Court found the decision based on valid reas...
Service Law – Disciplinary Proceedings – Compulsory Retirement – Court examined the petitioner's challenge against the Tribunal's dismissal of his appeal regarding disciplinary actions including compulsory retirement, and later modification to withholding promotion for five years. The disciplinary actions stemmed from false declarations made by the petitioner concer...
Review Petition – Judge Availability – Bombay High Court Rule 3(1) stipulates that a review application should be heard by the same Judge who decided the original matter, unless the Judge is no longer available – Application for transferring the review petition to be heard by the same Judge rejected on judicial side instead of administrative side [Paras 1-16].
Admini...
Tender Disqualification – Grounds and Validity – Appellant disqualified from tender participation by the Board of Trustees of Jawaharlal Nehru Port Authority based on termination of a Concession Agreement by the Visakhapatnam Port Authority – High Court upheld disqualification – Appellant contended termination was retaliatory and pending arbitration – Supreme Court di...