Arbitration Law – Extension of Time and Contract Termination – Supreme Court upheld the findings of the Sole Arbitrator and the Single Judge, which granted the appellant an extension of time for completing the work and declared the termination of the contract by the respondent as wrongful – The Court emphasized that the Arbitrator’s interpretation of the contract clauses an...
Civil Procedure – Second Appeal – Section 100 CPC – Supreme Court held that the High Court must frame substantial questions of law before deciding a second appeal – The requirements of sub-sections (4) and (5) of Section 100 CPC are mandatory – The High Court’s failure to frame such questions and its reappraisal of evidence to disturb concurrent findings of lowe...
Environmental Law – Eco-sensitive Zone – Mount Abu – The NGT based its judgment on the Expert Committee's report that declared the appellant's land unfit for construction due to its ecological sensitivity – The Supreme Court upheld the NGT's decision, emphasizing the precautionary principle and the necessity of protecting fragile ecosystems – The report...
Constitutional Law – Right to Equality – Ex-employees of a Mill challenged the denial of plots by State instrumentalities – High Court held treating 318 ex-employees differently from 134 others who received free plots as violative of Article 14 – Emphasized vested right in claiming equality and parity enforceable under Article 226 [Paras 1-14].
Allotment of Quarters &nda...
Motor Vehicles Act – Compensation – Maintainability of Claim Petition by Mother-in-law – Mother-in-law was living with the deceased and his family – Held that mother-in-law is a legal representative under Section 166 of MV Act and entitled to maintain the claim petition – Dependency established sufficiently [Paras 10-21].
Compensation Calculation – Split Mult...
Administrative Service – Allocation of Cadre – Selected candidate's right to be considered for appointment to IAS but no right to choose cadre or home state – Allocation of cadre an incidence of service – High Court's directive to allocate respondent to Kerala cadre set aside – Consultation required with the state to which allocation is made, not with the cand...
Taxation – Nature and Character – Levy of water and sewerage taxes under Section 52 of the UP Water Supply and Sewerage Act – Levy labeled as water tax and sewerage tax – Supreme Court held that the nomenclature does not determine the nature of the levy – Taxes on lands and buildings within the meaning of Entry 49 List II of the Seventh Schedule – Taxes imposed ...
Insolvency and Bankruptcy Code – Limitation Period – Appeal under Section 61 IBC – Limitation period for filing an appeal is thirty days from the date of the order, extendable by fifteen days upon showing sufficient cause – Time requisite for obtaining a certified copy excluded under Section 12(2) of the Limitation Act – Litigant must apply for and obtain a certified ...
Evacuee Property Act, 1950 – Declaration of Evacuee Property – Admitted Position – Adverse Consequence of Non-Evacuation – Clarification: The appellant-State of Himachal Pradesh claimed that the property held by Sultan Mohammad, the predecessor-in-title of the respondents, fell under the purview of Section 2(f) of the Administration of Evacuee Property Act, 1950 (“the...
Execution of Decree – Assignment – Without Separate Assignment – Law Commission recommended amending Order 21, Rule 16 to clarify that it does not affect the provisions of Section 146 of the CPC – Transferee of rights in the subject matter of the suit can obtain execution of a decree without a separate assignment – Objective to avoid multifarious proceedings – A...