Arbitration – Fee dispute between parties and the impartiality of the tribunal – Chennai Metro Rail Limited (Chennai Metro) awarded a contract to Afcons for a project – Disputes arose during arbitration proceedings – Tribunal unilaterally increased its fee – Chennai Metro raised objections – Tribunal’s insistence on higher fee led to apprehension of bias &...
Election Petition – Validity of nomination papers – Alleged non-disclosure of spouse’s properties in Form-26 – Appellant elected as a Member of the Legislative Assembly – Respondent challenges her election – High Court declares election void – Appellant appeals to the Supreme Court. [Para 1-5]
Customary Inheritance – Appellant, belonging to the Mi...
Service Law – Selection Process – High Court set aside the appointment of the appellant to the post of Junior Lab Technician on grounds of arbitrariness in marks allocation for experience and interview – Selection Committee's criteria for allocating marks after advertisement found to change "rules of the game" – Division Bench of the High Court erred in examin...
Loan Repayment - Interpretation of loan documents between Infrastructure Leasing and Financial Services Ltd. (IL&FS) and HDFC Bank Ltd. - Dispute over the nature of loan and security - Assignment of receivables as security for loan repayment - Whether the assignment constituted a transfer of title or a security interest - Determination of the legal status of receivables in the Escrow Account. ...
Sexual Harassment at Workplace – Implementation of the POSH Act and Rules – Writ petition seeking directions to implement the provisions of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 – Detailed claims made by the petitioner organization &nd...
Civil Appeal - Landlord-Tenant Dispute - Termination of tenancy - Discrepancy in notice for termination of tenancy - Extent of land to be resumed to the landlord - Question of whether the landlord's holding exceeds one economic holding and the nature of the landlord's livelihood - Remand order by High Court - Special leave granted. [Para 1-17]
Land Tenancy Dispute – Interpretation...
Lok Adalat – Jurisdiction and Authority – Lok Adalat has jurisdiction only to determine and arrive at a compromise or settlement between the parties to a dispute – If no compromise or settlement is reached, the Lok Adalat must return the case to the referring court – Lok Adalat has no jurisdiction to decide the matter on merits in the absence of a settlement – Impugne...
Service Law – Re-appointment – Suitability – Appellant found respondent unsuitable for re-appointment, approved by other authorities – Appointment order lacked automatic extension provision – Explicit order requiring suitability for re-appointment considered – Court not expected to substitute its view – Respondent not entitled to extension or consequential...
Termination of Service – Delay and Laches – Late husband of the respondent, Rameshwar Lal, was terminated from service on 16.12.1996 – He appealed, but during pendency, he passed away in 2009 – Respondent filed a writ petition in 2012, 15 years post-termination and 13 years after he would have retired – High Court's Single Judge quashed termination and granted ben...
Hindu Marriage Act – Counterclaim – Section 23A permits the respondent in divorce, judicial separation, or restitution of conjugal rights proceedings to make a counterclaim for relief on the grounds of the petitioner’s adultery, cruelty, or desertion – Counterclaim can only include reliefs under Sections 9 to 13 of the Act – Reliefs against third parties or declaratio...