Arbitration – Appointment of Arbitrator – Respondent invoked arbitration under Clause 12.3 of the Power Purchase Agreement (PPA) with Madhya Pradesh Electricity Board – Dispute over whether Section 11(6) of the Arbitration and Conciliation Act, 1996, or Section 86(1)(f) of the Electricity Act, 2003, applies – High Court appointed an arbitrator under Section 11(6) – He...
Land Acquisition – Compensation Enhancement – Market Value Determination – Notification under Section 28 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, equivalent to Section 4 of Land Acquisition Act, 1894, issued on 26.06.1982 for acquiring land – Special Land Acquisition Officer awarded Rs. 50/- per square yard – Reference Court enhanced to Rs. 120/- per square y...
University Governance – Senate Elections – Indefinite Postponement – Regulation 12.2 – Petitioners challenged the indefinite postponement of Senate elections by the Vice-Chancellor of Panjab University – Court held that Regulation 12.2 allows postponement of elections but not indefinitely without valid reason – Indefinite postponement amidst national elections d...
Limitation Act – Exclusion of Time – Application under Section 7 of IBC – Whether time spent in proceedings under the SARFAESI Act can be excluded under Section 14 of Limitation Act – Proceedings under SARFAESI Act are civil proceedings – Applicant entitled to benefit of Section 14 in respect of proceedings under SARFAESI Act – NCLAT's decision in Ishrat Ali...
Writ Petition – Maintainability – Alternative Remedy – Demand and Possession Notices – Petitioner-firm challenged demand notice dated 03.07.2019 and possession notice dated 18.09.2019 issued under Sections 13(2) and 13(4) of the SARFAESI Act – Court held that ordinarily, High Court would not entertain a writ petition under Article 226 if an effective alternative remed...
Contractual Employment – Right to Continue – Policy Decision – ECHS Scheme – Petitioner's contract as a driver under the ECHS was not renewed, and a new recruitment advertisement was issued – Court held that contractual employees have no right to continue against the terms of the contract – ECHS Scheme does not create permanent vacancies; contractual appoint...
Service Law – Pay Scale Merger – Retrospective Application – Appeal concerning the merger of pay scales for Upper Division and Lower Division Assistants/Clerks in the universities of Bihar – The communication dated 28.07.1981 provided clear guidelines for merger applicable only to posts with distinct senior and junior scales – Appellants' posts of Typist, Counter ...
Service Law – Reservation and Merit – Reallocation of Reserved Category Candidates – Petitioners, General Category candidates, challenged the reallocation of Reserved Category candidates to Open Category posts in the selection process for Constable PAC and Fireman – Supreme Court held reallocation to be valid and consistent with prior directives – Petitioners did not ...
Equivalence of Qualifications – Eligibility for Post – Post of Store Keeper – Petitioner’s MBA (Retail Management) deemed not equivalent to required Material Management degree – Tribunal upheld rejection, deeming equivalence a technical matter for appropriate authority – Court held equivalence not exact, substantial similarity suffices – Nomenclature diffe...
Arbitration – Appointment of Arbitrator – Limitation Period – Appeal against High Court's decision to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 – Demand for arbitration was made on 07.11.2006 and reiterated on 13.01.2007 – Time began running from 12.02.2007 after no arbitrator was appointed – Subsequent final reject...