Arbitration and Award Enforcement – Dispute between Department of Women and Child Development, Karnataka, and M/s Christy Friedgram Industry – Arbitration over termination of agreements for nutrition centres – Sole arbitrator awarded a total sum of Rs. 1,66,47,31,962/- to the respondent, including various claims and interests. [Paras 1-2]
Legal Proceedings and Challenges &ndas...
Arbitration - Application under Section 9 of the Arbitration and Conciliation Act 1996 for injunctive reliefs - Jurisdiction of the High Court to hear and decide the application - Proceedings related to performance/retention bank guarantees - First respondent's undertaking not to encash bank guarantees - Invocation of bank guarantees by the first respondent - Extension of protection for bank g...
Adoption Validity – Contesting of Registered Adoption Deed – Section 16 of Hindu Adoptions and Maintenance Act, 1956, raises presumption in favor of registered adoption documents, but is rebuttable – Requirements of actual giving and taking in adoption under Section 11(vi) of the same Act not convincingly proven – Adoption ceremony’s credibility doubted due to absence...
Service Law – Employment in Police Force – Criminal Antecedents – The Supreme Court held that a person acquitted of charges involving moral turpitude or where witnesses turn hostile does not automatically entitle them to employment in a disciplined force like CISF. The employer has the right to consider the nature of the acquittal and criminal antecedents under the guidelines iss...
Compassionate Appointment – Interpretation of Rule 5 – Suitable Post – The Supreme Court held that a dependent/applicant cannot seek appointment on a higher post than what was held by the deceased employee merely based on eligibility criteria. The Court emphasized that 'suitable post' under Rule 5 must be linked to the post held by the deceased employee, and the purpose o...
Auction Process and Annulment of Attempts – Analysis of the tender process for mining leases under the Mineral (Auction) Rules, 2015 – Issues related to the annulment of the first auction attempt due to lack of valid bids and the subsequent annulment of the second auction attempt – Appellants' discretion in decision-making examined. [Paras 1-6, 13-15]
Technical B...
Electricity Dues – Limitation Period under Section 56 – Recovery and Disconnection – The Supreme Court held that the negligence on the part of the licensee leading to short billing initially, followed by rectification, does not fall under the negligence covered by Section 56(1). Consequently, claims made by the licensee after detecting their mistake may not fall within the prohib...
Locus Standi of Interested Party – Section 3(b) of Land Acquisition Act – The Supreme Court held that the appellant, Shrachi Burdwan Developers Private Limited, can be considered a 'person interested' under Section 3(b) if it is established that the appellant has a direct interest in the compensation awarded. The Court emphasized that the determination of 'person interested...
Judicial Appointments – Validity of Additional Appointments Post Selection Process – Supreme Court examining the validity of appointments of Civil Judge (Junior Division) made after the original selection process – Original selection process based on advertised vacancies – Additional appointments made due to unanticipated vacancies arising post-advertisement – Legal i...
Employment Eligibility – Suppression of material fact regarding involvement in a criminal case – Respondent’s selection as Grade-II Constable – Inquiry revealed his involvement in a criminal case, followed by acquittal – Respondent failed to disclose this information during verification. [Para 5-7]
Verification Roll – Column 15 inquiry about any past or prese...