Civil Appeal – Seizure of illicit rosewood logs – Challenge to High Court’s order releasing seized logs and lorry – Appellant contests the order allowing revision petition filed by the respondent – Background of the case involves stopping a lorry carrying rosewood logs, which were found beneath bananas and rice husk – Seized material declared government property...
Criminal Appeal – Admission Criteria – Challenge to eligibility condition for sports quota admission – Appellant aggrieved by the imposition of a minimum 75% aggregate marks requirement for claiming admission in engineering courses under the 2% sports quota – High Court rejected appellant’s writ petition – Peculiar nature of the eligibility criterion warranted f...
Marine Insurance - Breach of Warranty - Classification Certificate - Appeal against NCDRC decision - Appellant's challenge to the validity of Classification Certificate - Whether appellant complied with warranty requirement and informed Classification Society of defects before obtaining Certificate - Interpretation of Marine Insurance Act 1963 and related case law - Importance of informing Cla...
School Fees Regulation – Autonomy of Private Schools – Constitutional Validity – Appeals challenging the validity of the Rajasthan Schools (Regulation of Fee) Act 2016 and Rules 2017 dismissed – Supreme Court upheld High Court's ruling that the provisions are intra vires the Constitution – Court emphasized that while private schools have autonomy to fix fees, this...
Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to award — Scope of interference with findings of fact recorded by an arbitrator — Perverse or patently illegal findings of fact, only exception to court’s limited jurisdiction of interference — Merely because different views are possible, court cannot interfere with the findings of fact recorded by...
Education Law – Correction/Change in CBSE Certificates – The Supreme Court examined the constitutional and statutory validity of the CBSE Examination Byelaws, 2007, in relation to requests for correction or change in the certificates issued by CBSE. The Court observed that the Byelaws, which impose limitations on corrections to be consistent with school records, cannot override an indi...
In the present case, an arbitration agreement was entered into between the parties in the year 2007, prior to the Amendment Act, 2015 coming into force. A dispute arose between the parties, and a notice invoking arbitration was issued on 28.05.2015. The application under Section 11(6) of the Act was filed by the appellant on 10.08.2015, after the Amendment Act, 2015 had come into force. The respon...
Contempt of Court – Willful Disobedience – The Supreme Court emphasized that contempt action should proceed only for established willful disobedience of the Court's orders. The term "willful" requires intentional, conscious, and deliberate action with full knowledge of the consequences. It excludes casual, accidental, bona fide, or unintentional acts or genuine inability ...
Penal Law – Firing on Fishermen – Compensation and Quashing of FIR – An unfortunate incident occurred on 15.02.2012, where two Indian fishermen were killed after being fired upon by two Italian Military Naval officials from a passing ship. Following the award of the Arbitral Tribunal under UNCLOS, the Republic of Italy agreed to pay Rs. 10 crores as compensation. The Supreme Cour...
Recruitment Process – Interpretation of Recruitment Rules – Issue regarding relaxation of prescribed essential qualifications post-application deadline – High Court's decision to allow relaxation for Post Codes 447 and 556 set aside – Relaxation deemed unsustainable post-application deadline without providing opportunity to similarly situated candidates. [Para 45(i)]
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