Service Matter - Employment Dispute – Interpretation of clause 4 of the Memorandum of Settlement dated 10th April 2002 – Whether clause 4 bars departmental proceedings when criminal proceedings for similar offences are pending against an employee – Court's interpretation of clause 4. [Para 1-13]
Simultaneous Proceedings – Permissibility of simultaneous departmental a...
Termination of Concession Agreement – Arbitration Clause – Termination of Concession Agreement by Haryana Shehri Vikas Pradhikaran (HSVP) due to alleged default by concessionaire – Invocation of writ jurisdiction by HMRTC and HSVP to challenge termination notices and ensure continuation of metro operations – Supreme Court held arbitration clause provides sufficient recourse...
Service Law – Reservation and Merit – Reallocation of Reserved Category Candidates – Petitioners, General Category candidates, challenged the reallocation of Reserved Category candidates to Open Category posts in the selection process for Constable PAC and Fireman – Supreme Court held reallocation to be valid and consistent with prior directives – Petitioners did not ...
Service Law – Appointment of Constable – Acquittal on Benefit of Doubt – Respondent acquitted under Sections 302, 323, 341, 34 of IPC due to benefit of reasonable doubt – Trial Court opined prosecution failed to prove charges beyond reasonable doubt – Respondent applied for constable post in Rajasthan Police – Recruitment process included disqualification for th...
Regulatory Jurisdiction – Application for review based on the discovery of new evidence – Letter dated 24.05.2011 indicating a ‘new and important piece of evidence’ – Alleged error apparent in previous judgment regarding the calculation of Hypothetical Regulatory Asset Base (HRAB) – Contention that HRAB should be computed on the basis of ‘single till&rsquo...
Service Law – Disciplinary Control – Manipulation in Weight Measurement – Respondent accused of manipulating weight measurement by creating a hidden chamber in milk tankers, causing financial loss – Inquiry Officer found charges partially proved – Punishment order of reversion to minimum pay scale passed after approval from Commissioner (Dairy Milk)/Registrar – ...
Service Law - Falsification of Date of Birth Allegation – Dismissal of Ram Lal, a constable, for allegedly altering his date of birth in educational documents – Charges under Sections 420, 467, 468, 471 IPC and departmental proceedings initiated. [Paras 2-4]
Departmental Enquiry and Criminal Trial – Inconsistencies in findings – Departmental enquiry proved charges, leadi...
Section 11A of the Central Excise Act, 1944 – Limitation – Invocation of extended period of limitation – Suppression of facts – Bonafide belief – Interpretation of law – Held, the extended period of limitation can be invoked only in cases of deliberate non-disclosure aimed at evading duty – The assessee’s belief based on a view taken by the Tribunal ...
Arbitration – Appointment of Arbitrator – Limitation Period – Appeal against High Court's decision to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 – Demand for arbitration was made on 07.11.2006 and reiterated on 13.01.2007 – Time began running from 12.02.2007 after no arbitrator was appointed – Subsequent final reject...
Headnote:
Land Acquisition Act, 1894 - Appeal - Cross Objections - Consideration of - Appellants challenging compensation granted for acquisition of their lands by Greater Noida Industrial Development Authority - High Court confirming compensation determined by District Judge - Appellants contending that their cross objections were not considered by High Court - Supreme Court held that cross ob...