Tenancy Rights – Illegal Transfer – The assignment of tenancy rights by the tenant to the appellant was found to be unlawful under Section 26 of the Maharashtra Rent Control Tenancy Act, 1999, which prohibits such transfers in the absence of a contract to the contrary [Paras 1-88].
Ratification – Landlord's Consent – The Court held that the landlord's actions did...
Compassionate Appointment – Suitable Employment – The term "suitable employment" in Rule 5 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, must be understood with reference to the post held by the deceased employee. The superior qualification held by a dependent does not determine the scope of the words "suitable employ...
Municipal Tax – Part of Rent – Interpretation – The Supreme Court held that the share of municipal tax due from a tenant, as stipulated under Section 230 of the Kolkata Municipal Corporation Act, 1980 and Section 5(8) of the West Bengal Premises Tenancy Act, 1997, does not constitute part of the rent of the premises. Instead, it can be recovered as arrears of rent for the purpose...
Appeal against Arbitral Award – Price Variation Dispute – Arbitration and Conciliation Act, 1996 – Appeal under Section 37(1)(c) against Commercial Court’s judgment upholding arbitral award – Dispute over price variation clause in construction contract – Tribunal and Court aligned in interpretation of clause, denying PCC’s claim – Appellant's arg...
Boundary Wall – Extent of Possession – The Supreme Court held that the plaintiffs can only protect their possession by putting up a boundary wall/fence to the extent of 2 acres and 35 cents as declared in the previous litigation. Any boundary beyond this extent is unauthorized and contrary to the earlier judgment and decree [Paras 1-88].
Kudikidappu Rights – Limitati...
Reservation – Persons with Disabilities – The Supreme Court held that the appellants, being locomotor disabled, cannot claim appointment to the post of Safai-Karmis, which was not reserved for locomotor disabled candidates under the Government Order dated 07.05.1999. The reservation is to be made for posts identified by the appropriate government as suitable for disabled persons under ...
Tender Conditions – Judicial Review – Appellant (AAI) challenged the High Court's quashing of its tender conditions for ground handling services, including eligibility criteria and region-wise sub-categorisation of airports – High Court ruled these conditions arbitrary and discriminatory – Supreme Court overturned High Court’s decision, citing principles of judici...
Land Lease – No Objection Certificate – Appellant (State of Maharashtra) challenged the High Court's ruling that invalidated the requirement for a No Objection Certificate from the Collector for flat transfers in specified buildings – High Court found the requirement unjustified under the applicable Government Resolutions and lease terms – Supreme Court upheld the High ...
Appointment – Legal Principles and Time Frame – The respondent applied for compassionate appointment 14 years after the death of her father, who was an employee of the Compassionate appellant – High Court directed reconsideration of the application – Supreme Court held that compassionate appointment is an exception to the general rule and aims to provide immediate relief to...
Interest Award – Discretion of Arbitral Tribunal – Appellant challenged the arbitral award including interest at 18% per annum for various periods – Supreme Court held that while the arbitral tribunal has discretion to award interest, it must justify the reasonableness of the rate – Held, awarding 18% interest without reasoning deemed unreasonable, especially given the resp...