Civil Appeal – Challenge to arbitral award – Delay in execution of construction contract – Claim for loss of profit due to delay – Arbitrator awarded loss of profit – First award set aside by High Court – Second award for loss of profit maintained by Arbitrator – Challenge to second award – Whether the second award in conflict with the public policy ...
Government Accommodation – Retention by Retired Employees – Kashmiri Migrants – Supreme Court addresses the policy allowing retired government employees who are Kashmiri Migrants to retain government accommodation. The Court emphasizes that such occupation should not exceed three years post-retirement. It rules that indefinite retention is not justified and stresses the importanc...
Judicial Delay – Article 142 of the Constitution of India - Demonstrates the impact of judicial delays, compelling the Supreme Court to invoke its Extraordinary Jurisdiction under Article 142 of the Constitution of India to arrive at a resolution. [Para 3]
Labor Law – Unfair Labour Practices – Reinstatement and Back Wages - Outlines the order of dismissal against the first res...
Wills – Validity and Suspicious Circumstances – The Supreme Court underscores that mere exclusion of a beneficiary’s siblings from a will does not inherently create suspicion unless other circumstances support such an inference. The Court affirmed the validity of Exhibit P4, a registered will, properly executed and attested by the beneficiary’s siblings, dismissing concerns...
Regularization of Part-Time Employees – Entitlement and Policy – Part-time employees cannot claim regularization or permanent status as they are not working against sanctioned posts. The Supreme Court reiterates that regularization can only occur as per the State/Government's regularization policy and not as a matter of right. The High Court's direction to create and sanction p...
Suo Motu Jurisdiction of NGT – Legislative Intent and Interpretation – The Supreme Court held that the NGT is vested with suo motu power in the discharge of its functions under the NGT Act. The Court emphasized that the NGT Act, when read as a whole, provides the NGT with the leeway to go beyond a mere adjudicatory role. The Parliament’s intention was to create a multifunctional ...
Constitutional Validity - Challenge to Government of National Capital Territory of Delhi (Amendment) Ordinance 2023 [“NCT Ordinance”] - Scope of Legislative and Executive Powers - The petitioner, Government of National Capital Territory of Delhi (GNCTD), challenges the NCT Ordinance, promulgated under Article 123 of the Constitution, which amends the GNCTD Act 1991. The NCT Ordinance i...
Income Tax Act – Section 263 – Period of Limitation for Revisional Orders – The Supreme Court clarifies that under Section 263(2) of the Income Tax Act, the period of limitation for making an order is two years from the end of the financial year in which the order sought to be revised was passed. The term "made" is used in Section 263(2), not "received" or &qu...
Deficiency in Service – Onus of Proof – The Supreme Court held that the onus of proving deficiency in service lies with the complainant in complaints under the Consumer Protection Act, 1986. Without proof of deficiency, the opposite party cannot be held responsible. The Court reiterated that the burden of proof shifts only after the complainant establishes a prima facie case of deficie...
Insurance Claim for Vehicle Total Loss – Adjudication of claims regarding the total loss of BMW 3 Series 320D car in an accident – Interpretation of insurance policy terms – Liability under Bajaj Allianz General Insurance policy and BMW Secure Advance Policy – Issues of delayed claim submission, policy repudiation, and compensation for the insured. [Paras 1-5, 9-14, 16-17, ...