Contract Law – Interpretation – Recovery of Demurrages – Clause XII (a) of the contract between FCI and transport contractors – Whether demurrages imposed by Railways can be recovered from contractors as "charges" – High Court held demurrages not recoverable as "charges" – Supreme Court affirmed, interpreting "charges" within the co...
Motor Accident – Permanent Disability – Enhancement of Compensation – Claimant sustained comminuted fracture of tibia bones of both legs – Original compensation of Rs. 2,108,400/- awarded by Tribunal reduced by High Court to Rs. 737,604/- – Supreme Court reassessed permanent disability at 30%, enhancing compensation to Rs. 1,167,405/- with interest at 6% p.a. – ...
Land Acquisition – Enhancement of Compensation – Sale Exemplars – High Court erred in discarding sale exemplars Exs. P3 and P4 solely because they involved transactions with a company – Proper deduction required for smaller parcels of land – Compensation determined at Rs. 12,16,800/- per acre – Impugned judgment modified [Paras 6-9].
Compensation Ca...
Contract Law – Escalation Claims – Rights and duties of parties to a contract subsist or perish in terms of the contract – Contractual clause disallowing future claims for escalation unless specified conditions are met – Conditions were satisfied, thus Contractor entitled to claim escalation – Officers administering the contract have no discretion to deny escalation o...
Service Law- Letters Patent Appeal – Judgment dated 26.07.2023 – Writ petition challenging the disengagement order of Special Police Officer (SPO) – Enquiry conducted under Rule 359 of J&K Police Rules – No enquiry against the petitioner, violation of principles of natural justice – Petitioner engaged as SPO by respondents in 2013 – Disengaged on the g...
Land Acquisition – Compensation – Land acquired for Nehru Zoological Park extension – Initial compensation of Rs. 6 per sq. yard enhanced by Reference Court to Rs. 250 per sq. yard – Mediation led to agreement on Rs. 350 per sq. yard – High Court reduced compensation to Rs. 100 per sq. yard – Supreme Court restored Reference Court’s award of Rs. 250 per sq...
Permanent Commission – Armed Forces – Indian Navy – Women Officers – Short Service Commission – High Court's judgment challenged – AFT dismissed applications challenging denial of Permanent Commission – Principle issue whether AFT could adjudicate validity of selection proceedings when relevant material disclosed only to AFT in sealed cover – App...
Intellectual Property Law – Copyright Infringement – Dynamic Injunctions – The High Court deliberated on the application of dynamic injunctions against rogue websites engaged in unauthorized streaming of IPL Events. The Court examined the sufficiency of existing legal tools in addressing the challenges of digital piracy in rapidly evolving online environments. [Para 15-...
Service Law – Dismissal for Gross Negligence – CISF Constable – The respondent, a CISF Constable, was dismissed from service for gross negligence and dereliction of duty, resulting in the theft of 800 kgs of copper wires from the site where he was on duty – The High Court converted the punishment to compulsory retirement, and the Division Bench directed reinstatement with f...
Education Law – In-service Reservation – Appeal against the High Court’s decision upholding the Government Resolution (GR) dated 26 September 2022, providing 20% reservation for in-service candidates in postgraduate medical degree courses – Supreme Court held that the GR was valid and applicable for the academic year 2022-23 – Appellants’ contention that the GR ...