Appointment of Vice-Chancellor – Procedure and Eligibility – As per Regulation 7.3.0 of the UGC Regulations 2018 and Section 10 of the University Act 2019, the selection for Vice-Chancellor must be through a Search-cum-Selection Committee – The committee must consist of distinguished persons in higher education unconnected with the University – The Vice-Chancellor should ha...
Letter of Credit – Autonomy and Protection – A letter of credit is independent of the underlying sale contract – Courts generally refrain from interfering with the autonomy of an irrevocable letter of credit to prevent misuse and protect the issuing bank in the international financial market [Paras 34-35].
Negligence in Issuing FCR – Respondents' admission ...
Benami Transactions – Determination of Ownership – Section 4(3)(a) of the Benami Transaction (Prohibition) Act, 1988 – Court considered the elements necessary to establish benami ownership, including the source of purchase money, possession of the property, and intention behind the transaction – Supreme Court found that the properties were purchased by the plaintiff with hi...
Public Interest Litigation (PIL) filed to address concerns regarding drug and alcohol de-addiction centers in India – Importance of the issue in eroding public health and social fabric – Government’s approach through supply reduction and demand reduction – Ministry of Social Justice and Empowerment (MoSJE) implementing schemes for prevention and assistance – Need for ...
Seniority – Promotees vs. Direct Recruits – Promotees and direct recruits appointed in the same recruitment year (1997-1998) for the post of ACOs – Seniority list prepared by the State giving higher seniority to direct recruits challenged – High Court ruled in favor of promotees – Supreme Court upheld High Court's decision [Paras 1-28].
Application of...
Excise Law – Refund of Duty – Returned Goods – Section 173L of the Central Excise Act, 1944 – For refund of excise duty under Section 173L, the value of returned goods must be considered as the market value of the excisable goods and not the ex-duty or raw material value – Supreme Court held that the Department correctly determined the value of the returned goods at R...
Constitutional Law – Compassionate Appointment – Articles 14 and 15 – Appointment on compassionate grounds cannot be extended to heirs of employees upon retirement or superannuation – Allowing such appointments would deny opportunities to outsiders who may be more meritorious or qualified – Court held that such appointments would be violative of Article 14 and Article...
Purpose of granting interlocutory injunction – To protect the appellant against any injury by violation of his/her rights for which he/she could not be adequately compensated in damages recoverable in action if the uncertainty were resolved in his/her favor at the trial – Court must weigh the needs of the parties and determine the “balance of convenience” – Interlocut...
Civil Procedure – Ex Parte Decree – Appeal – Appellant can challenge an ex parte decree on the grounds that the trial court's decision to proceed ex parte was unjustified – If the appellant did not file an application under Rule 13 of Order IX of CPC, they can still argue on the basis of the trial court's records that the suit summons was not served or that proceedi...
Arbitration – Post-Award Interest – Arbitrator has discretion to grant post-award interest on part of the sum – Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 does not fetter arbitrator’s discretion – If arbitrator does not grant post-award interest, award-holder is entitled to interest at eighteen percent per annum – Arbitrator’s discretio...