Industrial Disputes Act, 1947 – Section 11-A – Power of Labor Court to interfere with charges – Applicability and scope – Labor Court has the right to reappreciate the evidence and come to a different conclusion – Charges can be interfered with if necessary. (Para 21)
Labor disputes – Writ jurisdiction – High Court’s supervisory jurisdic...
Contempt jurisdiction - Filing of a false affidavit - Basis for initiation of action - Persons punished. [Para 49]
Waiver of right to challenge record of rights - Indirect relief sought through alternative means - Not maintainable - No challenge made to record of rights. [Para 50]
Reliance on notings in government file without communication of any order - Inter-departmental communications in...
Designation of Senior Advocates in India - Historical and Legal background - Origin of distinguished class of senior pleaders - Serjeants-at-Law and King's/Queen's Counsel in the United Kingdom - Introduction of Senior Advocates in India as a mark of excellence and recognition of professional eminence. (Para 1-2) Criteria for designation of Senior Advocates - Evolution and developmen...
Insurance – Fire Insurance Claim – Surveyor's Report vs. Investigation Report – Appellant (insurer) challenged the NCDRC's reliance on the surveyor's report for assessing the fire loss – Supreme Court held that while the surveyor's report is not sacrosanct, it can be relied upon if it inspires confidence and is not contradicted by more reliable evidence &nda...
Sales Tax - Exemption - Amendment to definition of "manufacture" - Claim for exemption from payment of sales tax after amendment excluding "tea blending" from the definition of "manufacture" - Court's analysis of the relevant provisions and submissions of the parties - Appellants' contention on legitimate expectation and promissory estoppel - Court's rejec...
Service Law – Appointment Eligibility – The appellants were candidates for the post of High School Assistants (Natural Science) in Kerala. The Kerala Public Service Commission (KPSC) disputed the eligibility of their B.Ed degrees, which were in Biological Science, for meeting the required subject criteria. The appellants produced Government Orders (GOs) confirming their degrees as equi...
Pre-referral jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Amendment Act, 2015 - Whether the court should decide the issue of the existence and validity of the arbitration agreement at the pre-referral stage or leave it to the arbitral tribunal. [Para 1]
Section 11(6A) of the Arbitration Act - Post the Arbitration and Conciliation Amendment Act, 2015, the jur...
Promotion to the post of District Judge based on principle of merit-cum-seniority and passing a suitability test - Gujarat State Judicial Service Rules, 2005 - Recruitment Notice - Compliance with directions in the case of All India Judges' Association and Ors. - Distinction between promotion based on merit-cum-seniority and promotion strictly on merit - Purpose of limited competitive examinat...
Rented Land – Use as Club Pavilion – The definition of "rented land" under Section 2(f) of the Haryana Urban (Control of Rent and Eviction) Act 1973 includes land used for business purposes, which need not be commercial. The term "business" encompasses charitable activities or those in the interest of the public. Therefore, using land for a club pavilion falls withi...
Customs duty exemption - Withdrawal of notification - Validity - Challenge to the withdrawal of a customs notification - Whether the withdrawal of the exemption notification was valid - Whether the withdrawal was in furtherance of public interest - Whether the withdrawal violated the principle of promissory estoppel - held that the withdrawal of the exemption notification by the government was val...