Regulation of Private Education Boards – Petitioners challenged the amendment to the Punjab School Education Board Act, 1969, Constitutional Law – Right to Trade and Business – Education – asserting it violated Article 19(1)(g) by creating a monopoly favoring the Punjab School Education Board – Held, Article 19(1)(g) is not an absolute right and reasonable restriction...
Municipal Law – Solid Waste Management – Contract Cancellation – Petitioner No.1, Pollution Control Committee, filed a writ petition to direct the Municipal Corporation for scientific disposal of municipal solid waste and dead animals – Municipal Corporation awarded contract to petitioner No.2 for setting up a solid waste management plant – Lease deed executed but pet...
Land Acquisition - Determination of Market Value - Appeals - A batch of 226 appeals challenging awards by the Reference Court regarding the market value of land acquired for Jhajjar Thermal Power Plant - Held, Market value must be assessed based on the date of the notification under Section 4 of the Land Acquisition Act, 1894 - Policy dated 06.05.2007 of assessing value on the date of the award, n...
Writ Petition - Grant of LPG Distributorship – Challenge of Approval – Civil Appeal – Supreme Court finds that writ court improperly entertained writ petition against LPG distributorship approval granted to appellant – Initially, both appellant and respondent No. 1 were eligible for distributorship, with appellant eventually granted the right after a draw of lots – Re...
Civil Appeal – Breach of Provisions of the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 – Challenge against the High Court's dismissal of appeal regarding the sale transaction and eviction order – Remand for fresh consideration on facts and law. [Para 2, 17]
Property Law – Partition and Sale of Ancestral Agricultural Land – Disput...
Corporate Insolvency Resolution Process (CIRP) – Belated inclusion of claim – Appellant’s claim related to an arbitral award dated 01.08.2016, which was in appeal under Section 37 of the Arbitration Act – An agreement entered into on 02.08.2006 for the development of land into a residential group housing complex – Alleged misconduct by the Corporate Debtor in advertis...
Constitutional law - Governor's power to invite Chief Minister - Objective material for calling floor test - Held, the Governor must have objective material before concluding that the Chief Minister has lost the confidence of the House and calling for a floor test. [Para 166]
Constitutional law - Governor's power to invite Chief Minister - Restoration of status quo ante - Resignation of...
Tax Law - Right to Appeal Under Section 39 - State's Right to Appeal – The petitioner challenged the Tribunal's decision dismissing their appeal under Section 39(2) of the Haryana General Sales Tax Act, 1973, as not maintainable and the subsequent review application – Court held that Section 39(2) does not limit the right of appeal to any particular person or party and includes...
Personal Injury Compensation - Motor Vehicle Accident - Assessment of compensation for injuries sustained in a road accident - Claimant suffered multiple fractures to the left ankle, underwent surgeries, and incurred medical expenses - Claimant's income assessed based on income tax return prior to the accident - Assessment of permanent physical disability and future loss of earnings - Award fo...
Service Law – Post Graduate Medical Courses – In-Service Quota – Eligibility: The Supreme Court held that there is a clear distinction between junior resident doctors who completed their undergraduate medical courses at ESIC institutions and regularly recruited Insurance Medical Officers (IMO-II). The in-service quota for postgraduate medical courses is justifiably reserved ...