Insolvency and Bankruptcy Code – Limitation Period – Appeal under Section 61 IBC – Limitation period for filing an appeal is thirty days from the date of the order, extendable by fifteen days upon showing sufficient cause – Time requisite for obtaining a certified copy excluded under Section 12(2) of the Limitation Act – Litigant must apply for and obtain a certified ...
Execution of Decree – Assignment – Without Separate Assignment – Law Commission recommended amending Order 21, Rule 16 to clarify that it does not affect the provisions of Section 146 of the CPC – Transferee of rights in the subject matter of the suit can obtain execution of a decree without a separate assignment – Objective to avoid multifarious proceedings – A...
Pensionary Benefits – Break in Service – Condonation – Appellant served in Central Government and subsequently in State Government – Intervening non-pensionable service in a State-owned PSU – Appellant sought to condone the break in service and reckon prior service for pension – Government orders allowed condonation of break in service between qualifying service...
Contract Finalization – Procedural Impropriety – High Court permitted original writ applicant to modify its offer without giving opportunity to other applicants – Other applicants neither impleaded as parties nor given a chance to modify their offers – Procedure adopted by High Court unsustainable and contrary to law – High Court's issuance of writ of mandamus wit...
Land Acquisition – Assessment of Market Value – Challenge to market value assessment for different parcels of land in the same village acquired at different times – Previous Supreme Court assessments not automatically applicable – Market value to be determined based on the date of the Section 4 notification and contemporaneous sale exemplars – Comparable sale deeds of...
Constitutional Law – Habeas Corpus – Child Custody – Petition under Article 226 for habeas corpus seeking custody of minor child – Petition resisted due to the petitioner’s treatment for personality disorder and availability of alternative remedy under the Guardians and Wards Act – Court held that while habeas corpus is maintainable for child custody, the detail...
Industrial Disputes Act – Jurisdiction – Civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act – Plaintiff’s claim based on ID Act must be adjudicated by appropriate forums under the ID Act – High Court rightly set aside lower courts’ judgments favoring the plaintiff – Decree by civil court declared ...
Specific Performance – Non-service of Notice – Appeal against High Court’s rejection of condonation of delay due to non-service of notice following change of address – Appellant produced documents proving address change – High Court did not conduct proper inquiry or make findings disbelieving the appellant’s explanation – High Court erred in dismissing app...
Service Law – Selection Process – High Court set aside the appointment of the appellant to the post of Junior Lab Technician on grounds of arbitrariness in marks allocation for experience and interview – Selection Committee's criteria for allocating marks after advertisement found to change "rules of the game" – Division Bench of the High Court erred in examin...
Lok Adalat – Jurisdiction and Authority – Lok Adalat has jurisdiction only to determine and arrive at a compromise or settlement between the parties to a dispute – If no compromise or settlement is reached, the Lok Adalat must return the case to the referring court – Lok Adalat has no jurisdiction to decide the matter on merits in the absence of a settlement – Impugne...