Housing Law – Allotment Procedure – Registration and Allotment – Respondent’s grandfather registered for a plot under a housing scheme – No allotment was made to him by draw of lots – Grandfather's registration ceased under Government Order dated 11.10.2002, which stipulated that unsuccessful old registrations would not be renewed – Respondent requeste...
Insolvency Law – Financial Creditor Status – Appellant claimed to be a financial creditor under IBC based on a pledge agreement and deed of undertaking – Pledge of shares does not amount to a guarantee or financial debt – Definition of "financial creditor" requires disbursement against the consideration for the time value of money – Supreme Court held that t...
Recruitment Criteria – HTET Requirement – Transitional Provisions – Petitioners sought exemption from HTET for second recruitment after the notification of the 2012 Rules – Court held that the transitional provision allowed exemption only for the first recruitment post-notification – Petitioners were given several opportunities to qualify HTET in 2017 and 2018 but fai...
Unlawful Activities (Prevention) Act – Bail – Constitutional Courts' Authority – Respondent accused of serious offenses under UAPA – High Court granted bail citing long period of incarceration and unlikelihood of trial completion soon – Supreme Court upheld High Court’s order, noting that constitutional courts can grant bail if trial is excessively delayed, ...
Insolvency Law – Financial Creditors – Related Parties – Interpretation – Section 21(2) IBC mandates that the CoC shall comprise all financial creditors of the corporate debtor – First proviso to Section 21(2) excludes related party financial creditors from CoC – Supreme Court held exclusion applies not only to present related parties but also to those who were ...
Tender Process – Judicial Review – Appeal challenging the High Court's decision to allow the writ petition against the rejection of a bid – Supreme Court emphasizes the principles of judicial restraint in administrative actions, especially in foreign-funded projects – Upholds the rejection of Montecarlo Limited's bid by the National High Speed Rail Corporation ...
Appointment of Assistant Professors and Lecturers – Time-Barred Challenges – Under Section 53 of the Uttar Pradesh Chhatrapati Shahuji Maharaj Medical University Act, 2002, any challenge to the appointment must be made within three months. The respondent's challenge to the appellant’s appointment as Assistant Professor, made after more than three years, was time-barred and no...
Larsgess Scheme – Termination and Constitutional Compliance – The Larsgess Scheme, allowing certain wards of serving railway employees entry into service without competitive selection, was found inconsistent with Articles 14 and 16 of the Constitution. The Union of India justifiably terminated the scheme. Claims under the terminated scheme do not warrant relief, as they would result in...
Land Acquisition – Re-notification Prohibited – Once an award is approved, compensation paid, and possession handed over to the Government, the acquisition proceedings cannot be reopened or re-notified. The Land Acquisition Act does not allow for reacquisition of land already vested in the Government [Paras 1-17].
Award Approval and Government Interest – The initial award appr...
Review Petition – Maintainability Post Miscellaneous Application – The rejection of a Miscellaneous Application seeking recall of a judgment does not preclude filing a review petition under Article 137 of the Constitution. The review petition remains maintainable as it is a statutory proceeding distinct from an application for recall [Paras 13-15].
Review Jurisdiction – Error ...