Disciplinary Proceedings – Approval Requirements – Disciplinary proceedings initiated against appellant without specific approval of charge memorandum by the Disciplinary Authority – Rule 14(3) of CCS (CCA) Rules requires independent approval for initiating enquiry and for drawing up charge memorandum – Ex-post facto approval given during pending proceedings deemed inadequa...
LCD panels - Classification - Interpretation of General Rules of Interpretation of Schedule to Customs Tariff Act, 1975 - LCD panels classifiable under Chapter Heading 9013.8010 - Specific description prevails over general description - Goods falling under Chapter 90 excluded from Chapter 85 - General Note 3(a) and Note 1(m) of Chapter 85 clarified - Customs Tariff Act, 1975, General Rules of Inte...
Disability Pension – Territorial Army – Appellant, a former soldier of the Territorial Army, claimed disability pension for injury sustained while on leave – AFT dismissed the claim citing separate terms and conditions for Ecological Task Force (ETF) – Supreme Court held members of Territorial Army entitled to same pensionary benefits as Regular Army personnel unless incons...
Civil Services – Preference in Selection – Respondent applied for multiple posts through a single advertisement, giving preference to Deputy Superintendent of Police (DSP) – Found ineligible for DSP due to height requirement – High Court directed consideration for next preferred post (CMO) – Supreme Court held respondent's initial preference and selection in main ...
Consumer Protection – Joint Complaint – Complaint by multiple consumers not necessarily representative – 91 purchasers of 51 apartments filed complaint; National Commission allowed representative capacity – Supreme Court held complaint maintainable as joint complaint, not representative – Respondents can represent themselves, not all 1134 apartment owners [Paras 1-41]...
Jurisdictional Overreach of Lokayukta – Upa Lokayukta’s order for correction in revenue records and tax collection – Held as exceeding its jurisdiction under Section 12 of the 1999 Act, which only allows recommendations to remedy injustice or hardship, not issuing direct orders. [Paras 5, 7, 9-11, 13]
Revenue Record Correction – Original complaint by respondent No. 1 for...
Limitation in Arbitration – Non-Extendable Period – High Court erred in applying Section 5 of Limitation Act to condone delay beyond the period prescribed under Section 34(3) of Arbitration Act – Proviso to Section 34(3) provides outer limit of 120 days for filing petition to set aside arbitral award – Extension beyond this period not permissible [Paras 1-11].
Judicial I...
Property Dispute - Challenge to Sale Deed - Suit filed by the appellant's predecessor-in-interest against the first sale deed registered in favor of another party - Allegations of minor's property being sold without court permission and for the minor's need and welfare - Trial Court decreed the suit, which was upheld by the first Appellate Court, but reversed by the High Court in Secon...
Service Law – Submission of Documents – Applicants required to submit all necessary documents along with the application form by the cut-off date – Respondent failed to submit NCC 'B' certificate with original application – Certificate submitted three years after the cut-off date – Not entitled to additional five marks [Paras 1-10].
Judicial Review – ...
Rejection of Suit in High Court's Review - Challenge to High Court's order allowing review application, which led to the dismissal of the suit for specific performance based on MoU dated 31.08.1998 - Application filed under Order VII Rule 11(d) C.P.C. by respondent No. 1 granted, dismissing appellant's suit. [Paras 2, 4]
Facts of the Case - Dispute regarding the sale of property und...