Service Law – Appointment in General Category – Two reserved category candidates having more marks than the general category candidates appointed were entitled to the appointment in the general category – Seats reserved for OBC category were required to be filled from and amongst the remaining candidates belonging to the OBC category – Exercise of powers under Article 142 o...
Arbitration – Group of Companies Doctrine – Non-signatory company within a group of companies bound by arbitration agreement – Factors considered: mutual intent of the parties, relationship of non-signatory to signatory, commonality of subject matter, composite nature of transaction, and performance of contract – Non-signatories may be bound on consensual theory (agency, as...
Compromise Decree – Legal Validity – The compromise decree dated 20.08.1984 was contested on the grounds that no written compromise signed by the parties was presented, thus failing the requirements under Order XXIII Rule 3 CPC – The Supreme Court held that mere statements by parties do not satisfy the legal mandate of a written and signed compromise – Order XXIII...
SEBI Regulation – Liquidation of Attached Assets – Petitioners sought directions for SEBI to liquidate assets and distribute proceeds to investors – Court constituted a High-Powered Sale Committee (HPSC) to auction assets and ensure investor claims are satisfied – HPSC to involve experts, create a property database, and engage e-auction service providers [Paras 1-18].
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Service Law – Regularization – LIC as a statutory corporation bound by Articles 14 and 16 of the Constitution – Ensuring fair and open recruitment process – Supreme Court emphasized that allowing back-door entries into service negates equal opportunity and fairness – LIC cannot be directed to carry out mass absorption without following a fair recruitment process [Para...
Misconduct and Insubordination Allegations – Assessment of appellant's dismissal from service on charges of derogatory language use and bypassing official communication channels – Appeal against Allahabad High Court's dismissal of writ petition challenging service termination. [Paras 2-4]
Evaluation of First Misconduct Charge – Inquiry Officer's findings ...
Municipal Corporation Act – Land Acquisition – Appellant challenged notices for land acquisition under Section 299 for road widening – Claimed previous compensation not paid, lack of Central Government sanction, and procedural non-compliance under Section 297 – High Court upheld notices, confirmed regular line fixed in 1988 – Supreme Court dismissed appeal, upheld Hig...
Constitutional Law – Right to Property – Public Purpose – Appellants contended that they were assured compensation for land utilized for road construction/widening – Municipality and State denied any such assurance – Supreme Court held that deprivation of property must be for public purpose with compensation – Absence of evidence for voluntary surrender by appel...
Stamp Duty – Deed of Assignment – Applicability – Appellant challenged demand for additional stamp duty under Article 45(f) of the Gujarat Stamp Act, 1958 – High Court held the deed of assignment chargeable to stamp duty as both a conveyance under Article 20(a) and a power of attorney under Article 45(f) – Supreme Court overturned High Court decision – Deed of a...
Municipal Corporation – Regularization of Employees – Appeals against High Court’s decision granting regularization of service from the date of merger – Issue of whether employees of the erstwhile Gram Panchayat, merged with Solapur Municipal Corporation, should be treated as regular employees from the date of merger or from the date of their formal regularization by the Co...