Civil Appeal - Jurisdiction - High Court's Jurisdiction under Article 226 - Validity of Assignment and Resumption Proceedings - Scope of - Whether High Court's decision to entertain and decide disputed questions of fact was within its jurisdiction under Article 226 - Whether resumption proceedings against allotted land were valid - Examination of - Disputed questions decided based on docum...
Appointment – Assistant Teacher – Illegal Appointment – Appellant claimed appointment as Assistant Teacher in Bengabari M.E. School and sought release of salary from 12.03.2001 onwards. The Director of Elementary Education, Assam, declared all appointments, including the appellant’s, as illegal and void ab initio, as they were made against non-existent posts [Para 4].
Ju...
Civil Appeal – Land Acquisition – Consent Terms – Limitation – Appeals arising out of land acquisition proceedings where the High Court allowed the First Appeals, setting aside the award and remanding the matter to the Reference Court to decide the question of limitation under Section 18 of the Land Acquisition Act, 1894. Appellant-trust aggrieved by the judgments and order...
Arbitration – Road Construction Contract – Award Set Aside by High Court – Appeal by Contractor – Challenge to the common judgment of the Aurangabad Bench of the Bombay High Court, which set aside an award in favor of the appellant concerning a road construction contract [Para 1-7].
Limitation – Claim Crystallization – The court observed that the claim crysta...
Arbitration – Award – Challenge to Award – Appellant challenged judgment setting aside award concerning road construction contract – Issues related to legal misconduct of arbitrator, time-barred claim, pursuit of claims after original contractor's death, and contractual preclusion – Trial court and High Court held award vitiated by legal misconduct and time-barred...
Land Acquisition – Lands sought to be acquired by the respondent for the Agricultural Produce Market Committee under Section 6 of the Land Acquisition Act read with Section 126 of the Maharashtra Regional and Town Planning Act – Consent terms arrived at between parties for determining market value and handing over possession – Issue of limitation raised by the respondent [Para 2-...
Medical Negligence – No fault found with hospital operation theatre availability – Operation theatres were occupied during the patient's surgery timeframe – Non-availability during other ongoing surgeries not a ground for hospital negligence [Paras 18-19].
Doctor's Absence – Doctor's absence due to attending medical conferences abroad cannot infer negligence ...
Service Matter - Civil Appeal – Police Recruitment – Suppression of Material Information
The State of West Bengal appealed against a High Court judgment directing the appointment of the respondent as a constable. The appellant argued that the respondent suppressed information about a pending criminal case. The Supreme Court confirmed the findings of the Tribunal and the High ...
Second Appeal – Dismissal without Reasons – High Court must provide reasons for dismissing a second appeal at the admission stage – Essential for understanding and transparency – The absence of reasons invalidates the dismissal order [Paras 14-15].
Section 100 CPC – Substantial Question of Law – High Court to determine if the appeal involves a substantial que...
Forest Conservation – Felling of Trees – Delhi Metro Rail Corporation Ltd. (DMRC) required to seek permissions under Forest (Conservation) Act, 1980 for construction of Phase-IV MRTS Project – Directions issued to file applications for diversion of forest land [Paras 1, 3-4, 18, 19].
Sustainable Development – Balancing Development and Environment – Emphasis on the ...