Election Petition – Validity and Compliance with Provisions – Appellant's appeal against the High Court of Kerala's decision to not reject the election petition at the threshold – High Court's decision upheld by the Supreme Court – Non-compliance with Section 81(3) of the Representation of the People Act, 1951, regarding the number of copies not considered fatal...
Insolvency and Bankruptcy Code, 2016 – Section 62 - Appeals against National Company Law Appellate Tribunal (NCLAT) order – NCLAT upheld National Company Law Tribunal's (NCLT) dismissal of appellant’s applications under Section 60(5) of the IBC – Supreme Court found that neither NCLT nor NCLAT adequately addressed the appellant's claim and status as a secured credit...
Civil Law – Land Allocation for School Construction – the legality of land allocation for constructing a school in a village in Azamgarh, previously demolished for a National Highway project. The Court examined the authority of the Land Management Committee and State in deciding land allocation. [Para 3-6, 11-12]
Public Interest Litigation – Misuse and Concealment of...
Mandatory Injunction – Maintainability: A suit for mandatory injunction to execute a sale deed based on participation in a public auction is not maintainable if there is no vested right with the plaintiff. Participation in an auction does not confer any equitable or legal right unless the auction is confirmed by the competent authority.
Restitution – Principle and Ap...
Compensation for Paraplegic Child – Enhancement: The Supreme Court enhanced the compensation awarded to the appellant, recognizing the significant and lifelong impact of the injuries. The Court noted the need for continuous medical care, assistive devices, and the lifelong dependency on an attendant [Paras 1-16].
Future Earnings and Prospects: For calculating the loss of f...
Disciplinary Proceedings – Constitution of Inquiry Committee: The School Tribunal and High Court found the Inquiry Committee's constitution improper under Rule 36(2)(b) of the MEPS Rules, as the President of the Management was not part of the committee. However, the Supreme Court noted that the President was initially a member but was replaced due to ill health, invoking the doctrine of ...
Civil Procedure – Rejection of Plaint under Order 7 Rule 11(d) – Limitation Act, Section 17(1) – The appellant's suit was rejected as barred by limitation. The Supreme Court examined whether the plaintiff had knowledge of the fraud and exercised reasonable diligence. The Single Judge's decision to reject the plaint was upheld, but the differences in interpretation by the ...
Service Law – Regularization of Employees – University directed to regularize services of employees working for 15-30 years on contractual basis with consequential benefits – High Court’s direction modified to restrict actual benefits to three years prior to the filing of writ petitions – Employees entitled to notional benefits and continuity in service from the date ...
Income Tax – Reopening of Assessment – High Court's dismissal of writ petitions challenging reopening under Section 148 without giving reasons – Supreme Court emphasizes that courts must provide reasoned orders detailing facts, issues, submissions, applicable legal principles, and reasons for conclusions – [Paras 1-4].
Duty to Give Reasons – High Cour...
Income Tax – Re-opening of Assessment – High Court quashes notice for re-opening assessment due to lack of tangible material – Supreme Court finds that objective material existed justifying re-opening based on search proceedings, seized documents, and statements under Section 132(4) – Assessment originally accepted under Section 143(1) without scrutiny, thus not shielding f...