Arbitration – Maintainability of Fresh Reference – High Court quashed Tribunal's order dismissing reference as not maintainable – Tribunal held reference not maintainable since dispute already adjudicated by Housing Commissioner – High Court's referral to Housing Commissioner was a consent order – Housing Commissioner’s award attained finality as it was ...
Land Acquisition - Contempt Proceedings - Disputed land used for a bus stand - Court's order to determine compensation or restore land - Contempt initiated due to non-compliance - Contention over the land's identity - Previous demarcation proceedings - Exercise of Article 142 jurisdiction to resolve the matter - Direction for a fresh demarcation by Revenue Authorities - Compensation if con...
SARFAESI Act – Waiver and Estoppel – Borrower repeatedly requested restructuring of loans post notices under Sections 13(2) and (4) – Bank deferred SARFAESI action in consideration of Borrower's promises – Borrower's conduct amounted to waiver of statutory rights under Section 13(3A) – Equitable estoppel bars Borrower from challenging Bank’s actions &nda...
Service Law – Pension Determination – Appellant, a lecturer, sought to include his practice at the Bar as qualifying service for pension under Rule 25(a) of KSR – Respondent University denied the benefit citing a proviso inserted after his appointment – Supreme Court held the proviso could not be applied retrospectively to the appellant who joined before its insertion &ndas...
Family Law – Dissolution of Marriage – Marriage dissolved on grounds of cruelty and desertion by the appellant-wife – Concurrent findings by Family Court and High Court – Supreme Court noted irretrievable breakdown of marriage as the parties have been living separately since May 2011 and respondent-husband has re-married – Decree of divorce upheld under Article 142 of...
Transfer Petition - Transfer of Family Court Case - Petitioner seeking transfer of HMA case to District Family Court in Nagpur, Maharashtra - Case allowed for transfer. [Para 1-4]
Video Conferencing - Liberty reserved for respondent to appear through video conferencing facility if requested - Court to provide video conferencing facility if needed. [Para 5]
Order - Transfe...
Insolvency Law – Timely Resolution – Appeal arose from the NCLAT’s order directing liquidation due to delays in the insolvency resolution process – Supreme Court emphasized mandatory completion within 330 days as per Section 12 of IBC, including extensions and litigation time – Allowed further time for resolution due to unique circumstances and previous litigations, s...
Civil Appeal – Substitution application allowed after condoning delay – Delinquent employee accused of unauthorized bus operation and subsequently dismissed – Application under Section 33(2)(b) of the Industrial Disputes Act, 1947 for approval of dismissal – Labour Court granted approval – Writ Petition filed and dismissed, pursued by deceased employee’s wife &n...
Tender Process – Judicial Review – Appeal challenging the High Court's decision to allow the writ petition against the rejection of a bid – Supreme Court emphasizes the principles of judicial restraint in administrative actions, especially in foreign-funded projects – Upholds the rejection of Montecarlo Limited's bid by the National High Speed Rail Corporation ...
Constitutional Challenge Against Borrowing Restrictions – Kerala challenges Amendment Act No. 13 of 2018 amending Fiscal Responsibility and Budget Management Act, 2003, and subsequent Union's letters imposing borrowing ceilings - Asserts Union exceeded powers under Article 293 - Seeks interim injunction to borrow INR 26,226 crores [Paras 1-3, 5]
Challenging Fiscal Responsibility and B...