Service Law – Promotion and Vacancies – Mere existence of a vacancy does not create a right to retrospective promotion – Promotions must follow the selection process as prescribed by rules – High Court's decision to grant retrospective promotions to respondents erroneous – Clear and specific rules govern promotions, which must be adhered to strictly [Paras 1-20].
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Land Acquisition – Adequacy of Notification and Consideration of Objections – Notification under Section 11 of RFCTLARR Act, 2013 issued for acquisition of land for Waste Water Treatment Plants (WWTPs) – Objectors’ claims of discrimination, malafides, and absence of urgency in dispensing with Chapter II & III of the 2013 Act found to be without merit – Notificatio...
Criminal Procedure – Abatement of Appeal – Appellant convicted under Section 302 IPC for murder – High Court confirmed conviction – Appellant died after 12 years in jail – Section 394 CrPC mandates appeal abates on appellant's death unless a near relative applies to continue the appeal within 30 days – No application by near relative filed in this case [Para...
Service Law – Interest on Delayed Payment – Appellant retired from aided college, faced delays in receiving retirement benefits – Writ petition for interest on delayed payment led to Division Bench's acknowledgment of entitlement, but no order due to ongoing inquiry into who was responsible for delay – Supreme Court held appellant entitled to interest, directed college ...
Environmental Law – Environmental Clearance and Land Use – Appellant challenged the environmental clearance (EC) and land use modification for a cement grinding unit – NGT dismissed appeal on grounds of limitation and lack of jurisdiction – Supreme Court held challenge to EC barred by limitation but remitted case to NGT for deciding on challenge to land use modification if ...
Civil Law – Interim Injunction – Appellant, Narendra Hirawat and Co., entered into agreements with Sholay Media Entertainment Pvt. Ltd. (SME) for exclusive rights to films – Disputes arose leading to a Deed of Settlement requiring payments by appellant – Non-compliance alleged by SME leading to termination notice – Single Judge granted interim injunction favoring appe...
Insolvency Law – Withdrawal of CIRP Proceedings – Majority of home buyers settled dispute with developer – NCLAT upheld NCLT's admission of insolvency proceedings – Supreme Court exercised powers under Article 142, permitting withdrawal of CIRP proceedings in larger interest of home buyers awaiting possession for over eight years – Ensured business continuity and ...
Telecom Law – Cancellation of Licences – Appellant’s demand for a refund of entry fee post-cancellation of UAS licenses in 2G spectrum allocation – Supreme Court held appellant in pari delicto with DoT and officials of the Union government – Claim for refund rejected based on the principle that courts do not assist a party equally at fault – Appellant benefitted...
Constitutional Law – Quo Warranto – Petition challenging appointment of Vice Chancellor of Sardar Patel University – Allegation of non-compliance with UGC Regulations mandating ten years’ experience as professor – Search committee composition questioned – Supreme Court held UGC Regulations binding on state universities receiving central financial assistance &nda...
Specific Relief – Injunction – Plaintiff's suit for cancellation of sale deed and declaration dismissed – Permanent injunction granted by trial court restraining defendant from disturbing plaintiff's possession – High Court upheld injunction – Supreme Court held once plaintiff lost title claim, no injunction should be granted against true owner – Injunct...