Promotion Criteria – Eligibility for Inspector of Police – Rule 13.14(2) of Punjab Police Rules – Petitioners challenged promotions to post of Inspector based on eligibility criteria of eight years' experience – Held, Rule 13.14(2) applies to all Sub-Inspectors regardless of direct recruitment or promotion – No discrimination in eligibility criteria – Petiti...
Insolvency and Bankruptcy – Corporate Insolvency Resolution Process (CIRP) – Initiation by Financial Creditor – Section 7 of the Insolvency and Bankruptcy Code, 2016 – Meaning of 'Financial Debt' – Definition in Section 5(8) does not exclude interest-free loans – Loan advanced to meet working capital requirements without interest qualifies as financial d...
Contract Law – Concluded Contract – South Eastern Coalfields Limited (Appellant) issued a Letter of Intent (LoI) to M/S. S. Kumar's Associates AKM (JV) (Respondent) for a work contract – Respondent mobilized resources and commenced work but did not furnish Performance Security Deposit or sign Integrity Pact – Dispute over whether these omissions prevented a binding cont...
Employment in Lieu of Land Acquisition – Eligibility Criteria – Eastern Coalfields Limited (Appellant) denied employment to Anadinath Banerjee (Respondent) on the basis that his landholding was less than the required 2 acres – Supreme Court found that the respondent’s claim, supported by affidavits from relatives, was insufficient to establish landholding over 2 acres &ndas...
Consumer Protection – Subsequent Purchaser – Relief of Interest on Refund – Supreme Court examined the entitlement of a subsequent purchaser of a flat to interest on the refund of the purchase amount due to delayed possession – Held that a subsequent purchaser, stepping into the shoes of the original allottee, is entitled to similar reliefs including interest, based on equi...
Constitutional Law – Ratification Requirement – Article 368(2) – Supreme Court held that the Constitution (97th Amendment) Act, 2011, which introduced Part IX-B regarding co-operative societies, is ultra vires the Constitution of India for want of requisite ratification by half of the State legislatures under Article 368(2) proviso – The judgment of the High Court is upheld...
Arbitration – Power to Modify Arbitral Award – Section 34 of Arbitration Act – Supreme Court held that Section 34 does not confer any power to modify an arbitral award – The provision only allows for setting aside the award on specific grounds, reflecting a deliberate legislative policy of minimal judicial intervention – Judgments modifying awards by courts under Arti...
Service Law – Age Relaxation – Eligibility – Delhi Subordinate Services Selection Board (Appellant) contested the respondent’s entitlement to age relaxation for the post of PGT (English) Female – Respondent claimed relaxation based on her employment as a primary teacher in South Delhi Municipal Corporation – Supreme Court held that employees of autonomous bodies...
Civil Procedure – Rejection of Plaint – Order 7 Rule 11(d) – Supreme Court held that once a plaint is rejected under Order 7 Rule 11(d) CPC, there is no occasion to direct that an amendment be made to the plaint – The rejection of the plaint on the grounds that the suit is barred by any law precludes the plaintiff from rectifying the defects through amendment [Paras 1-14].
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Suspension of Sarpanch – Validity of Demarcation Report – Petitioner suspended from the post of Sarpanch due to alleged encroachment on Panchayat land based on a demarcation report – Contested the correctness of the report and suspension order – Held, the Director is the competent authority to form an opinion on the validity of the demarcation report, which is central to pr...