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...
Fake Motor Accident Claims – Investigation and Proceedings – 28 advocates accused in Uttar Pradesh for filing fake motor accident claims – Total of 92 criminal cases registered, involving 28 advocates in 55 cases – Charge sheets filed against 11 advocates in 25 cases – Special Investigating Team (SIT) tasked with expediting investigation and filing status reports on t...
Compassionate Appointment – Application by Dependent Brother – Respondent sought compassionate appointment after the death of his unmarried sister who was an Assistant Teacher – Application rejected by the competent authority as the amendment extending benefits to unmarried dependent brothers came after the sister's death – Tribunal and High Court directed the state to ...
Civil Appeal – Promotion – Validity of M.Phil degree obtained through Distance Education – Challenge to promotion on the basis of degree validity – Single Judge of High Court directed for passing appropriate orders – Writ petition dismissed – Division Bench upheld the single judge’s decision – Appellant granted promotion with effect from 23.07.2008 &...
Tenancy Law – Ownership Certificate – Protected tenant granted ownership certificate under Section 38E of the Tenancy Act – Appeals against occupancy rights withdrawn as inconsequential after ownership certificate issuance – Ownership vests unambiguously with protected tenants – Purchasers divested of ownership rights – Certificate undisputed by purchasers [Para...
Civil Appeal – Unjustified Higher Pay Scale – Appeal against High Court's upholding of Tribunal's decision affirming the grant of higher pay scale to respondent No. 4, an Assistant Scientific Officer (Medicine) at CSTT. Challenge to the legality of respondent No. 4's pay scale upgrade and the rejection of similar benefits to appellants, who were in the same cadre and perfor...
Land Acquisition – Notification under Section 48(1) – Notification for acquisition under Section 4(1) of the Land Acquisition Act 1894 takes away individual’s property rights, while a Notification under Section 48(1) confers benefits – Such notifications do not warrant notice or hearing to landowners – If anyone is aggrieved, it would be the beneficiary of the acquisi...