Lease Dispute – Striking off Defence – Order 15 Rule 5 CPC – Tenant's Possession Returned – Petitioner’s defence struck off for non-payment under Order 15 Rule 5 CPC – Possession of leased premises returned, leaving dispute on payable amount – Court held that with possession returned, Order 15 Rule 5 CPC is inapplicable – Striking off defence onl...
Judicial Review – Policy Decisions – Limited Scope – Held, policy decisions are open for judicial review by the Court for a very limited purpose – Court can interfere if the policy is absolutely capricious, totally arbitrary, or not informed by reasons – Petitioners sought mandamus to direct respondents to provide an additional attempt for CSE 2020, which was denied [...
Medical Education – Establishment of Medical College – Essentiality Certificate (EC) – State Government’s power to withdraw EC – Held, the State Government can withdraw the EC if obtained by fraud or if the foundational circumstances for its grant vanish or for similar reasons – Appellant failed to remove deficiencies since 2004 despite multiple opportunities &n...
Municipal Law – Multi-Member Wards – Constitutionality – Challenge to provisions allowing multiple members to be elected from a single ward in Gujarat – Articles 243R and 243S of the Constitution do not limit to one member per ward – Provisions of Sections 5(3)(iii)(a), 29A of the Gujarat Provincial Municipal Corporations Act, 1949, Rules 4 and 5 of 1994 Rules, and Ru...
Insolvency Law – Contempt Proceedings – Allegations against DVI for frustrating resolution process post-CoC approval – Legal rights exercise by DVI not constituting contempt – DVI's actions seen as lacking bona fides – Despite no wilful breach, DVI's conduct in setting up untenable pleas criticised – Supreme Court declined to invoke contempt jurisdiction...
Companies Act – Award of Interest – Appeals against NCLAT's order reducing interest from 9% to 6% – CLB appointed valuer to determine fair share price – NCLT directed sale of shares at determined value with 9% interest from 01.04.2007 – NCLAT reduced interest to 6% without reasons – Supreme Court reinstated 9% interest, holding that the company utilized appe...
Service Law – Disciplinary Control – Manipulation in Weight Measurement – Respondent accused of manipulating weight measurement by creating a hidden chamber in milk tankers, causing financial loss – Inquiry Officer found charges partially proved – Punishment order of reversion to minimum pay scale passed after approval from Commissioner (Dairy Milk)/Registrar – ...
Employment Contract – Restriction on Job Application – Validity – Government servant’s right to apply for another post restricted for five years by employer – Court held such restriction is valid and not opposed to public policy – Qualified employees' job hopping curbed by such clauses to prevent disruption and financial waste – Selection and training ...
Freedom Fighter's Pension – Swatantrata Sainik Samman Pension Scheme – Appeal against High Court's direction for grant of pension – Respondent's initial application in 1997 rejected – Second application in 2017 without fulfilling scheme requirements – High Court issued directions without notice to appellant – Supreme Court emphasized compliance with ...
Arbitration Law – Appointment of Arbitrator – Dispute over Development Agreement for Wind Farm Project – Arbitration clause under the Agreement – Respondent's invocation of arbitration and nomination of arbitrator – Appellant's registration under MSMED Act and referral to Facilitation Council – High Court's observation on lack of provision for counte...