Customs Law – Absolute Confiscation – Import of Goods in Violation of Notifications – The Supreme Court addressed the issue of absolute confiscation of goods imported in violation of government notifications and trade notices under the FTDR Act. The Court held that the goods imported beyond permissible quantities and without a license are 'prohibited goods' and liable to ...
Service Law – Promotion – Reservation for PwD – The Supreme Court addressed the issue of whether an employee appointed on compassionate grounds, who later became eligible for promotion under the PwD category, can avail reservation in promotion. The Court held that the source of recruitment should not affect the entitlement to reservation in promotion for PwD. The mandate of Secti...
Admissions – B.Tech Courses – COVID-19 Pandemic – The Supreme Court addressed an appeal challenging the High Court's decision to permit admissions to B.Tech courses based on qualifying exam marks due to the pandemic. The Court held that this decision was contrary to Section 3(1) of the Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fees)...
Real Estate – Amrapali La Residentia Project – The Supreme Court addressed multiple applications related to the delays and financial mismanagement in the Amrapali La Residentia project. The Court found significant issues with the project management, leading to delays and financial discrepancies. The Court directed that the construction and development of the project would not be handed...
Constitutional Law – Right to Life and Dignity – Article 21 – The Supreme Court emphasized that the right to life under Article 21 of the Constitution includes the right to live with human dignity, which encompasses the right to food and basic necessities. The Court directed both Central and State governments to ensure food security for migrant workers and unorganized labourers, ...
Constitutional Law – Legislative Competence – Revival of Void Acts – The Supreme Court upheld the legislative competence of the State Legislature to enact the Tamil Nadu Land Acquisition Laws (Revival of Operation Amendment and Validation) Act 2019, stating that the legislature can revive an act declared void due to repugnancy by removing the basis of invalidity and making substa...
Arbitration – Applicability of Limitation Act – The Supreme Court held that the provisions of the Limitation Act, 1963 apply to arbitration proceedings initiated under Section 18(3) of the MSMED Act, 2006. This is in line with Section 43 of the Arbitration and Conciliation Act, 1996, which extends the Limitation Act to arbitrations as it applies to court proceedings [Paras 18-19].
A...
Disaster Management – Ex gratia assistance for Covid-19 deaths – Petitioners sought directions for ex gratia monetary compensation to families of Covid-19 victims under Section 12(iii) of the Disaster Management Act, 2005. The Supreme Court directed the National Disaster Management Authority to recommend guidelines for ex gratia assistance considering the requirement and availability o...
Civil Procedure – Compromise Decree – Bar to Separate Suit – The appellants challenged the validity of a compromise decree passed in a partition suit, alleging fraud and misrepresentation. The High Court dismissed the appeals, holding that the challenge to the compromise decree must be brought before the same court that recorded the compromise, as per Order XXIII Rule 3A of the C...
Expeditious Disposal of Criminal Cases Against MPs and MLAs – Directing the establishment of special benches by High Courts to monitor and expedite criminal cases against sitting and former MPs and MLAs. Guidelines formulated for prioritized hearing and trial on a day-to-day basis, ensuring speedy justice in line with Article 21 of the Constitution. [Paras 1, 3, 9, 14, 16, 20]
Special Cou...