Service Law – Reservation – Sections 27 and 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – Reservation in direct recruitment – Meritorious candidates from reserved categories to be considered in the General Turn first – Backlog vacancies to be filled first among reserved category candidates – Misinterpretation of Sectio...
Landlord and Tenant Relationship – Possession – No evidence of tenancy – Defendant's admission of not maintaining rent records – Relationship of landlord and tenant not proven – Defendant's claim of tenancy based on conjectures – Partnership deed executed on 18.12.1976 not a sham document – Defendant's tenancy claim denied – Appeal allowe...
Administrative Law – Promotion to IAS – Reconsideration of Promotion – High Court endorsed Tribunal's directions without independent analysis – 'Cut-copy-paste' judgment critiqued – Importance of reasoned judicial decisions emphasized – Judgment set aside, writ petition restored for fresh adjudication [Paras 3-9].
Judicial Reasoning – Necess...
Appointment of Advisors – Constitutional and Statutory Validity – Challenge to Appointment – Petitioners argued that appointment of Prashant Kishore as Principal Advisor to the Chief Minister, Punjab, without advertisement and interviews, violated Article 16(1) of the Constitution – Court held that the position of Principal Advisor is an office, not a post, and is not regul...
Reservation for OBCs – Validity of Reservation Provisions – Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 – Provision read down to mean reservation for OBCs may be up to 27% but must not exceed an aggregate of 50% of the total seats reserved for SCs/STs/OBCs together – Requirement for contemporaneous rigorous empirical inquiry into back...
Arbitration – Jurisdiction – Section 2(1)(f) Arbitration Act – International Commercial Arbitration – High Court's jurisdiction questioned – Transaction between parties had international flavour due to the respondents being US nationals and habitually resident there – High Court had no jurisdiction to appoint arbitrator – Appeal allowed [Paras 7-16].
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Arbitration – Scope of Judicial Review – Sections 30 and 33 of Arbitration Act, 1940 – Courts do not sit in appeal over arbitral awards – Reappraisal of evidence not permissible – Arbitrator’s reasonable interpretation upheld if not perverse or based on a wrong proposition of law – Appeals dismissed [Paras 10-13].
Construction Contracts – Rebate a...
Ex Parte Decree – Setting Aside – Provincial Small Cause Courts Act – Compliance with Proviso to Section 17 – Application under Order 9 Rule 13 to set aside ex parte decree cannot be granted automatically – Compliance with proviso to Section 17 is a precondition – Tenant failed to deposit entire decretal amount or give security at the time of application –...
Insolvency and Bankruptcy – Section 9 Application – Limitation – Corporate Debtor's acknowledgement of arrears of salary within the limitation period – Date of the last acknowledgement (30.09.2014) to the date of filing the petition (27.07.2017) falls within three years – NCLT's admission of Section 9 application justified – Appeal allowed [Paras 1-10].
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Recruitment Process – Public Employment – Systemic Fraud – Entire recruitment process for the post of Head Clerk (Grade II (DASS)) annulled due to systemic fraud and irregularities including mass cheating and impersonation – Decision to cancel the entire process upheld to preserve public confidence in recruitment processes – Cancellation causing hardship to a few not ...