Double Jeopardy – Section 300(1) CrPC – Whether an accused can be tried for an offense under the Negotiable Instruments Act (NI Act) and also for offenses under IPC based on the same set of facts – High Court quashed IPC proceedings citing Section 300(1) CrPC – Supreme Court holds conflicting views on the application of double jeopardy in such cases – Matter referred ...
Service Law - Voluntary Retirement - Qualifying service - Petitioner seeks voluntary retirement from service but the Tribunal rejects the application, holding that the petitioner lacks the required 20 years of qualifying service - Petitioner challenges the rejection before the High Court - Court finds that a letter from the Office of the Assistant Divisional Engineer indicates the petitioner's...
Public Interest Litigation – Temple Management – Appeal against High Court’s disposal of PIL regarding temple management without hearing appellant’s impleadment application – Supreme Court finds inter se disputes between family members over temple management – High Court rightly left questions of shebait rights to civil courts – Appeals dismissed, judgment...
Service Law – Promotion Guidelines – Difference between Backlog Vacancies and Regular Promotions – Appeals challenge High Court orders requiring separate zones of consideration for SC/ST promotions – Supreme Court distinguishes special drives for backlog vacancies from regular promotions – Regular promotions involve DPC evaluation; backlog promotions focus solely on r...
Environmental Law – Closure Order – Environmental Clearance – Appeal against closure of Cold Steel Rolling Mill lacking prior Environmental Clearance – National Green Tribunal (NGT) granted one-year period for compliance – Supreme Court upholds NGT’s decision citing ambiguity in EIA notifications and subsequent amendment – Closure order quashed, unit allow...
Specific Performance of Contract – Suit for specific performance of sale agreement – Appeal against the decree – Court’s discretion to grant specific performance – Suit filed after the limitation period – Reluctance of both parties to remove encroachments – Court’s refusal to grant specific performance upheld. [Para 11]
Time as essence o...
Motor Vehicle Laws – Accident Compensation – Appeal against High Court’s reversal of MACT’s compensation award – High Court erred in doubting the link between the accident and the offending vehicle – Tribunal’s findings based on credible witness testimony – Supreme Court reinstates compensation with recalculations in line with Pranay Sethi judgment [...
Arbitration – Extension of Mandate – Application for Extension of Arbitral Tribunal’s Mandate under Section 29A of The Arbitration and Conciliation Act, 1996 – The Court considered an application for extension of the mandate of the arbitral tribunal under section 29A of the 1996 Act and exclusion of a specific period for the purpose of determining timeliness under the same ...
Grant of Customs Brokers License - Petitioner cleared written examination and second attempt of oral examination obtaining 51 marks - Respondents denied Customs Brokers License to candidates scoring less than 60 marks in the oral examination due to alleged change in rules - Previous writ petitions allowed, directing issuance of licenses to similarly situated candidates - Principle of equal treatme...
Consumer Protection – Deficiency in Service – Banking Services – Appeals against NCDRC orders dismissing appeal and review application – Appellant's complaint regarding deficiency in service by HDFC Bank in prematurely encashing a joint Fixed Deposit (FD) without joint instructions – SCDRC wrongly relegated appellant to civil court – NCDRC erred in not enter...