Pension Scheme – Cut-Off Date – Retired Employees – Appeal against High Court's decision quashing cut-off date for pension eligibility – Contributory Provident Fund (CPF) governed employees retired before 05.06.1995 – Pension Scheme introduced from 05.06.1995 – High Court held cut-off date arbitrary – Supreme Court upheld the validity of the cut-off da...
Registration Act – Family Settlement – Non-registration of decree – Decree based on admission recognizing pre-existing rights under a family arrangement does not require registration under Section 17(1)(b) of the Registration Act – Family settlement exempted from registration if it pertains to the subject matter of the suit [Paras 1-20].
Family Settlement – Definit...
Arbitration and Conciliation Act, 1996 – Appointment of arbitrator – Contract Agreement executed for construction works on the Punatsangchhu-I Hydro-electric Project in Bhutan – High Court held that Clause 67(ii) of the Agreement did not imply cessation of the 1996 Act upon enactment of the Bhutan Act – The Bhutan Act 2013 does not make the 1996 Act inapplicable – Arb...
Selection Process – Cancellation – Advertisement Error – Recruitment process initiated on 15.12.2018 for Members of District Consumer Forums – Clerical error in minimum age criteria not initially considered an impediment – State Government proceeded without issuing corrigendum – Petitioners' names recommended after proper selection – State’s late...
Banking Law – Lockers – Banks’ Liability – Banks are responsible for ensuring the safety of lockers and cannot disclaim liability for the loss of locker contents. The bank must exercise due diligence in maintaining and operating locker systems, including using modern technology to safeguard against unauthorized access [Paras 1-15].
Duty of Care – Consumer Protectio...
Consumer Protection – Delivery of Old Car – Liability of Manufacturer – The dealer sold a 2009 model car, which had been used, as a new 2011 model – Absence of dealer during proceedings led to finding of deficiency on its part – No evidence of manufacturer's direct involvement or knowledge of the dealer's misrepresentation – Relationship between manufact...
Amnesty Scheme – Interpretation – Beneficial Legislation – Petitioner filed single appeal against a common order covering multiple show-cause notices – Petitioner's single declaration for waiver under Sabka Vishwas Scheme rejected for not filing separate declarations for each notice – Court held hyper-technical approach invalid – Single appeal permitted unde...
Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Section 3 and Section 4 – Determination of Possession – Proceedings for excess land under the Urban Land (Ceiling and Regulation) Act, 1976, are liable to abate if possession of the land has not been taken by the State Government before the Repeal Act came into force – The appellant claims possession of the land through...
Arbitration Clause – Writ Jurisdiction – The presence of an arbitration clause does not bar the jurisdiction of the High Court under Article 226 of the Constitution to ensure fairness and prevent arbitrary state actions – The court can inquire whether the state or its instrumentalities acted arbitrarily, violating Article 14 – The arbitration clause within a contract is not...
Court Fees – Refund – Settlement of disputes outside court – Section 69A of Tamil Nadu Court Fees and Suit Valuation Act, 1955 and Section 89 of CPC – Court fees to be refunded even for private settlements without court intervention – Narrow interpretation of the provisions would lead to unjust outcomes – Equitable and purposive interpretation required to encour...