Education Law – Revaluation of Answer Sheets – Online Examinations – Petitioners challenged the University’s decision to disallow revaluation of answer sheets from online examinations conducted due to COVID-19. Court held that revaluation regulations framed by the University Senate apply to all forms of examinations unless explicitly excluded. Controller of Examination'...
Pension and Financial Assistance – Denial Based on Conviction – Unrelated Offence – Petitioner denied pension and financial assistance due to her conviction in a murder case unrelated to her husband's death – Court held denial unsustainable as the conviction was not related to her husband's death – Order denying benefits set aside – Mandamus issued for p...
Voluntary Retirement – Eligibility and Notice Period – Regulation 29 of the Indian Bank Employees Pension Regulations, 1995, entitles an employee to voluntary retirement after 20 years of qualifying service by giving three months' notice. A request for waiver of the three-month notice period must be considered on merits. The High Court correctly found that the respondent’s re...
IBC and Limitation – Right to Sue and NPA – Applications under Sections 7 and 9 of the IBC are governed by Article 137 of the Limitation Act, and the right to sue accrues upon default. If the default occurred more than three years prior to filing the application, it is barred by limitation. Here, the account was declared NPA on April 1, 1993, making the application time-barred [Paras 1...
Amnesty Scheme – Liberal Interpretation – Enquiry Initiation Date – Petitioners' declarations under the Sabka Vishwas Scheme rejected due to ongoing enquiry – Court held that any enquiry/audit/investigation initiated after the scheme commencement on 01.09.2019 cannot disqualify a declarant – Scheme aims to reduce litigation and recover dues – Liberal interpr...
Service Law – Termination and Abandonment of Service – The employer must justify termination before the tribunal by leading evidence if no disciplinary enquiry is conducted. The entire matter, including whether the dismissal or discharge was justified, would be open before the tribunal. A defective enquiry is treated similarly to no enquiry, necessitating the employer to prove the fact...
Insolvency and Bankruptcy Code (IBC) – Retrospective Amendment – Constitutionality of the retrospective application of Section 7 as amended by the Insolvency and Bankruptcy Code (Second Amendment) Act, 2019 – Petitioners challenged the requirement for minimum thresholds for initiating insolvency proceedings, arguing it impairs vested rights – Supreme Court upheld the amendm...
Contempt of Court – Family Dispute – Alleged Wilful Disobedience of Court Orders – Petitioner contended respondents wilfully disobeyed undertakings given to the court in company management issues – Court examined interim orders and actions taken by respondents, including appointment of Facilitator by CLB – Held, mere taking of legal recourse does not constitute c...
Ceiling on Agricultural Holdings – Declaration of Title – Procedural Compliance – Preparation of the statement of land held in excess of ceiling limit under Section 11 of the Act based on information from the return filed under Section 9 or from an enquiry under Section 10 – Draft statement to be published and served on all interested parties – Mandate to notify ...
Transfer of Property – Agreement for Sale – An agreement for sale of immovable property does not itself create any interest in or charge on such property – A person having an agreement for sale in his favour does not get any right in the property except the right of obtaining a sale deed on that basis – Validity and genuineness of sale agreement questioned due to its mentio...