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 ...
Arbitration – Appointment of Arbitrator – Novation – The High Court dismissed the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by the appellant for the appointment of an arbitrator, on the grounds that the Share Purchase Agreement was novated by a subsequent Tripartite Agreement – Supreme Court held that issues of novation and the val...
Arbitration – Appointment of Arbitrator – Section 11(6) read with Section 11(12) of the Arbitration and Conciliation Act, 1996 – Petitions filed for appointing a sole arbitrator to resolve disputes arising from three agreements executed between the parties – Supreme Court held that the arbitration agreement is enforceable despite pending payment of stamp duty on the substan...
Electricity Law – Tariff Determination – Intra-State Transmission – The appeal involves the interpretation of Sections 62 and 63 of the Electricity Act, 2003, concerning the determination of tariffs for intra-state transmission systems – Supreme Court held that the Electricity Act, 2003, provides the States with flexibility to regulate intra-state transmission systems, with...
Land Acquisition – Compensation Enhancement – Appeal against High Court’s decision reducing compensation for land acquired for Jhajjar Thermal Power Plant – Supreme Court held that lands acquired for both Jhajjar Thermal Power Plant and Arawali Power Company Private Limited are similarly situated – Compensation should reflect parity and fairness – High Court err...