Tariff Orders – Truing Up – Amendment Not Permissible – High Court held that it is not permissible to amend the tariff order made under Section 64 of the Electricity Act, 2003, during the truing up exercise – A tariff order is quasi-judicial in nature and becomes final and binding unless amended or revoked under Section 64(6) or set aside by the Appellate Authority – ...
Jurisdiction – The petitioner invokes the extraordinary jurisdiction under Article 226 of the Constitution to challenge the validity of termination orders based on suppression of material facts regarding criminal conviction. The court considers the validity of the termination and its legal implications.
Facts – The petitioner, a teacher, faced a criminal case resulting in conviction...
Consumer Law – Insurance Claim – Repudiation – National Commission's Error – The National Commission exceeded its jurisdiction by interpreting the insurance policy's nature, altering its coverage scope beyond the repudiation grounds – State Commission dismissed the claim without adequate examination of policy terms – Appeal allowed – Orders of both...
Environmental Law – Felling of Trees – Aarey Forest – Permission sought for the felling of trees in Aarey Forest for the construction of a metro car depot – The Supreme Court permitted Mumbai Metro Rail Corporation Limited (MMRCL) to apply to the Tree Authority for felling 84 trees needed for the shunting segment of the car depot project – Court emphasized the need fo...
Election Law – Amendment of Petition – Corrupt Practices – High Court allowed amendment to include allegations of non-disclosure of pending criminal cases in the nomination affidavit – Supreme Court held amendment permissible as it did not introduce a new cause of action but related to improper acceptance of nomination – Appeal dismissed – High Court order uphel...
Civil Procedure Code – Order VIII Rule 1A(3) – Application for Additional Documents – The High Court deliberated on the petitioner's application to introduce additional documents at a later stage of the trial. The Court examined the relevance and timing of the documents in the context of procedural fairness and the pursuit of substantial justice. [Para 2, 16-20]
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Commercial Courts – Jurisdiction – Arbitration – High Court held the State Government's notification to confer jurisdiction on Civil Judge (Senior Division) as Commercial Courts is in line with the Commercial Courts Act, 2015 – Supreme Court upheld the High Court's decision – Sections 3 and 10 of the Commercial Courts Act, 2015, prevail over Section 2(1)(e) of...
Advocates Act – GPA Holder – Legal Representation – High Court held the appellant’s wife, as his GPA holder, cannot represent him despite being an advocate – Supreme Court held Section 32 of Advocates Act, 1961 permits non-advocates to appear with court’s permission – No bar for GPA holder if enrolled as an advocate – Previous High Court orders permi...
Motor Vehicles Act – Compensation – Just Compensation – Supreme Court held that the compensation determined under Section 168 of the Motor Vehicles Act must be fair, reasonable, and equitable – High Court's grant of compensation was inadequate – Enhanced compensation awarded [Paras 2, 8-12, 14-15].
Future Prospects – Income Assessment – Su...
Service Law – Promotion and Service Matters – The petitioner sought promotion to the post of Chief Law Officer/Inspector General in BSF. The High Court examined the criteria for promotion, recruitment rules, petitioner’s medical category, and procedural delays in framing recruitment rules. [Para 2-4, 30-32]
Promotion Eligibility – held – eligibility for p...