Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 - Rule 66 - Additional List (Wait List) - Appellant's appeal against the High Court's direction to appoint the respondent based on her inclusion in the Additional List - Held, Additional List does not create a right to appointment - The Rule does not mandate the State to make appointments ...
Constitutional Law - Service Law - Pension and retirement benefits for judicial officers - Recommendations of the Commission for revision of pension and other related benefits - Acceptance of recommendations by the Court - Direction to implement necessary amendments in Service Rules and clear arrears of pay - Compliance affidavits to be filed - Payment of revised rates of pension and other benefit...
Pensionary Benefits – Break in Service – Condonation – Appellant served in Central Government and subsequently in State Government – Intervening non-pensionable service in a State-owned PSU – Appellant sought to condone the break in service and reckon prior service for pension – Government orders allowed condonation of break in service between qualifying service...
Contract Finalization – Procedural Impropriety – High Court permitted original writ applicant to modify its offer without giving opportunity to other applicants – Other applicants neither impleaded as parties nor given a chance to modify their offers – Procedure adopted by High Court unsustainable and contrary to law – High Court's issuance of writ of mandamus wit...
Transfer Petition - Divorce proceedings - Transfer of case - Wife filed a Transfer Petition seeking transfer of the Divorce Petition filed by the husband from the Family Court in Indore, Madhya Pradesh to the Family Court in Lucknow, Uttar Pradesh - Supreme Court observed that the parties had suffered an irretrievable breakdown of marriage - Court exercised its power under Article 142 of the Const...
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...
Industrial Disputes Act – Jurisdiction – Civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act – Plaintiff’s claim based on ID Act must be adjudicated by appropriate forums under the ID Act – High Court rightly set aside lower courts’ judgments favoring the plaintiff – Decree by civil court declared ...
Specific Performance – Non-service of Notice – Appeal against High Court’s rejection of condonation of delay due to non-service of notice following change of address – Appellant produced documents proving address change – High Court did not conduct proper inquiry or make findings disbelieving the appellant’s explanation – High Court erred in dismissing app...
Contracts - Tender process - Judicial review - Restraint in interference - Court's role in contractual and commercial matters - Need for clear-cut case of arbitrariness, mala fides, bias, or irrationality - Court's limited expertise in technical issues - Consideration of public interest and financial implications - Discretionary powers to be exercised with caution - Exercise of power of ju...
Land Acquisition Act – Determination of compensation for acquired land – Discrepancy in compensation rates between Reference Court and High Court – Annual increase rate and its cumulativeness to be decided – Various precedents considered – Gap of 11 years between reference year and acquisition year – Just and proper annual increase rate determined at 8% with cum...