Arbitration – Enforcement of Foreign Arbitral Awards – Conflict of Interest and Bias – challenge against enforcement of a foreign arbitral award on grounds of arbitrator's alleged bias and conflict of interest under Section 48 of the Indian Arbitration Act. The appellants contended that the presiding arbitrator had failed to disclose conflicts of interest, impacting his impar...
Service Law – Departmental Proceedings – Jurisdictional Error – High Court erred in acting as an appellate court on merits – Departmental inquiry found respondent guilty of misconduct based on preponderance of evidence – Tribunal's findings on fraud and forgery upheld – Evidence led by the bank sufficient – High Court's remittance to Tribunal for e...
Criminal Law – Appeal Against Acquittal – High Court’s Duty – High Court must reappreciate entire evidence in detail in a first appeal against acquittal – General observations without detailed reappreciation inadequate – Presumption of innocence strengthened by trial court’s acquittal – Appeal allowed for reconsideration [Paras 1-8].
Appellate Jur...
Civil Procedure – Summary Suit – Leave to Defend – General Rule and Exception – Leave to defend should be granted unless the defendant has no substantial defence – Denial of leave is exceptional – Appellant raised triable issues regarding liability – High Court erred in denying leave – Appeal allowed with leave to defend granted [Paras 1-21].
Lega...
Consumer Law - Contract Law – Terms and Conditions – Loan Agreement Interpretation – adjudicated on the validity of the interest rate revisions by Housing Development Finance Corporation Limited (HDFC) under a loan agreement. The primary dispute involved the interpretation of terms related to the Adjustable Rate of Interest in the agreement. The appellant, Rajesh Monga, contended...
Constitutional Law – Parliamentary Privilege and Bribery - Scope of Articles 105(2) and 194(2) of the Constitution - Whether legislators can claim immunity from prosecution on charges of bribery related to their speech or vote in the legislature - Majority in PV Narasimha Rao overruled; bribery not immune under parliamentary privilege - Bribery considered independent of legislator's func...
Will Genuineness Dispute – Question of genuineness of a Will dated 09.10.1984, executed by Palaniandi Udyar in favor of Navamani Ammal, was the central issue - Trial Court upheld Will's genuineness, reversed by First Appellate Court, but restored by High Court - Supreme Court evaluated evidence, testimonies, and circumstances surrounding Will's execution [Paras 1-2, 8-12]
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Service Law – Issuance of NOC – Appellant was appointed as a JBT Teacher in 2000 – Haryana Public Service Commission advertised 1647 posts of Assistant Professor (College Cadre) in Haryana on 16.02.2016 – Appellant applied for the post of Assistant Professor (History) and requested a No Objection Certificate (NOC) from the appointing authority – Despite applying timel...
Civil Procedure – Ex parte Decree – Appellants filed suit for declaration and possession – Trial Court passed ex parte decree – Respondent (defendant) preferred an appeal with a delay of 2 years and 7 months – First Appellate Court dismissed the appeal due to absence of delay condonation – High Court erroneously quashed both First Appellate Court’s dismiss...
Insolvency Law – Resolution Applicant Eligibility – Sections 29A and 29A(h) of the IBC – Supreme Court held that "such creditor" in Section 29A(h) should be interpreted to include all similarly placed creditors after the initiation of the insolvency resolution process – The disqualification under Section 29A(h) is triggered by the existence of an enforceable guara...