Arbitration Law – Seat of Arbitration – Change of Venue – Mutual Agreement – Supreme Court held that by mutual agreement of the parties, the venue of arbitration can be changed, and this change constitutes a change in the seat of arbitration – Once the seat is designated, it is akin to an exclusive jurisdiction clause, vesting exclusive jurisdiction with the courts at...
Judiciary – Conspiracy to Destabilize – Enquiry Directions – The High Court directed an enquiry into the authenticity of a phone conversation implicating a conspiracy against the judiciary. The petitioner admitted to the conversation and submitted a corrected transcript. The Supreme Court found no reason to continue the enquiry as directed by the High Court since the authenticity...
Tender Process – Labour Licence Requirement – Judicial Review – The Supreme Court held that the High Court overstepped the bounds of judicial review by second-guessing the authority's requirement of a labour licence under the Contract Labour (Regulation and Abolition) Act, 1970, as per the Tender Call Notice (TCN). A registration certificate under Section 4 of the Orissa Shop...
Right to Professional Education – Article 32 – Admission Delays – The Supreme Court addressed the issue of delayed admissions for students from Ladakh nominated under the central pool seats for MBBS courses. The Court underscored that access to professional education is not a governmental largesse but an affirmative obligation of the State. The State must ensure access to educati...
Transfer of Investigation – Judicial Review – Sections 173 and 465 Cr.P.C. – Petition for transferring investigation to CBI or any independent agency due to alleged bias and malice in current investigation – Court held no accused has right to choose investigating agency, but judicial review necessary to ensure fairness – Investigation quashed due to bias and malice, d...
Land Acquisition – Market Value – Determination – Appeal concerning valuation of lands acquired for setting up Industrial Model Township – High Court relied on sale deeds and assessments from previous cases – Supreme Court upheld High Court's methodology and market value determination – Rejected reliance on cumulative annual increase beyond safe periods due ...
Land Acquisition – Compensation – Excess Payment – Applications seeking clarification on previous judgment on compensation – Supreme Court upheld compensation rate of Rs.29,773,333/- per acre – Noted excess compensation paid due to earlier interim orders – Held that landholders need not return excess amounts considering authorities recovered more from subsequent...
Land Acquisition – Compensation – Enhancement – Lands acquired for Industrial Model Township – High Court granted flat 8% increase over market value – Supreme Court affirmed increase – Considered potential development due to proximity to Kundli-Manesar-Palwal Expressway – Sale deed of 28.04.2004 not relied upon due to additional factors in valuation &ndash...
Transfer Order – Quashing – Child Care Leave (CCL) – Competent Authority – Respondent No.5, a Chemist, was granted CCL for 730 days by an unauthorized authority – After availing CCL, respondent No.5 attempted to rejoin at Hisar, which was opposed by the petitioner – Court held the CCL sanction by Engineer-in-Chief invalid as per Government instructions, which re...
Medical Registration – Timely Application – Candidate Eligibility – Section 25 of Indian Medical Council Act – Petitioner applied for registration with Delhi Medical Council before the last date for submission of application forms but received the certificate post deadline – Court held that the delay in issuance of the certificate, beyond the petitioner’s contro...