Disability Rights – Scribe Provision – Appellant with dysgraphia requested a scribe for the CSE, which UPSC denied citing guidelines restricting scribes to candidates with benchmark disabilities – Supreme Court interprets the Rights of Persons with Disabilities Act, 2016, emphasizing that benchmark disability is not a precondition for obtaining a scribe – Sections 2(r) and ...
Writ Petition – Jurisdiction – Real Estate – Appellant seeks writs under Article 32 for various reliefs including cancellation of agreements, refunds, or completion of construction – Supreme Court holds it inappropriate to entertain such petitions under Article 32 due to existence of specific statutory provisions and remedies under the Consumer Protection Act, RERA, and IBC...
Arbitration – Appealability of Refusal to Condon Delay – Question of law whether a single Judge's order refusing to condone delay in filing an application under Section 34 of the Arbitration Act, 1996 is appealable under Section 37(1)(c) – Supreme Court holds that an appeal under Section 37(1)(c) is maintainable against an order refusing to condone delay in filing an applicat...
Consumer Protection – Delay in Filing Written Statement – Appellants challenged the rejection of their application for condonation of delay in filing the written statement to a consumer complaint – Written statement required within 30 days, extendable by a further 15 days under Section 13 of the Act – District Forum has no power to extend beyond this period – Appeal d...
Disability Compensation – Heart Ailment – Seaman's claim for disability compensation due to Dilated Cardiomyopathy under the National Maritime Board Agreement – Supreme Court held heart ailment not covered as "injury" under Clause 5.9.F(ii) of the Agreement – Appellant's condition does not fall within the ambit of specified disabilities under either the 19...
Negotiable Instruments – Dishonour of Cheque – Presumption – High Court reversed acquittal by trial court – Supreme Court held once signatures on the cheque are established, statutory presumption under Sections 118 and 139 NI Act applies – Trial court erred in questioning complainant's evidence on source of funds – Presumption of debt shifts burden to accuse...
Forest Law – Compensation for Dispossession – Appellants challenged the High Court's direction to pay compensation to respondents for land declared non-vested under the 1971 Act but later as ecologically fragile under the 2003 Act – Supreme Court held respondents entitled to compensation for loss of enjoyment and benefits of the land prior to 2003 enactment – Directed p...
Societies – Membership Invalidation – Appellants' membership invalidated by the Registrar as the Managing Committee was facing a no-confidence motion – High Court upheld the Registrar's decision – Supreme Court held appellants had a right to be considered for membership – Matter remitted to newly elected Managing Committee for reconsideration of membership app...
Technical Bids – Rejection – Judicial Review – Petitioner, a sole proprietorship, challenged rejection of technical bid due to experience certificate issued in the name of a former partnership firm – Court held technical qualifications must be assessed as per tender documents – Previous partnership experience cannot be bifurcated and counted towards individual qualifi...
Transfer and Deputation – Regulatory vs. Commercial Wings – Rules Compliance – Petitioners, Transport Inspectors and Sub-Inspectors, challenged orders transferring them between Regulatory and Commercial wings – Court held that Haryana Transport Department (Group 'C') Service Rules, 1998 did not permit such transfers – The Rules of 1998 did not include the phra...