Contractual Dispute - Interpretation of contract clauses related to embankment construction with approved material and pond ash - Disagreement over measurement and payment methodology - Majority view of tribunals favoring composite measurement, minority view advocating separate measurements - Analysis of relevant contract stipulations and technical specifications. [Para 2-9]
Role of A...
Consumer Protection – Allegations of Coercion – Allegations by the complainant of being coerced and threatened to sign blank papers for settlement – National Commission’s orders requiring personal appearance and issuing bailable warrants against Director of appellant company found premature and unwarranted without detailed examination of allegations [Paras 1-5].
Judicial...
Property Law – Declaration of Ownership – High Court erred in denying declaration of ownership solely because plaintiffs failed to establish possession – Proviso to Section 34 Specific Relief Act not a bar if consequential relief sought but not granted on merit – Plaintiffs entitled to declaratory decree of ownership even if injunctive relief denied [Paras 15-19].
Posses...
Judicial Review - Scope and Limitations in Departmental Inquiries – Emphasizes the limited scope of judicial review against departmental inquiry proceedings – Court's role is not to act as an appellate body or to re-appreciate evidence but to ensure that the findings of the inquiry are based on some evidence – The Court should not transgress the limits of judicial review, as ...
Arbitration – Scope of Arbitrator's Jurisdiction – Arbitrator exceeded jurisdiction by passing the award on contracts beyond the Bina Project agreement – High Court rightly set aside the award concerning other projects/contracts – Arbitrator bound by the specific agreement referred to arbitration [Paras 1-5].
Arbitration Award – Partial Upholding &nda...
Execution of Decree – Possession of Immoveable Property – Interpretation of Order XXI Rules 97 to 101 of CPC – Appellant sought execution of decree for possession of immoveable property against respondent-Corporation – Respondent claimed encroachment on suit land by third parties – Executing Court dismissed execution petition stating decree was inexecutable due to enc...
Service Law – Appointment – Arts and Crafts Teachers – Dispute over equivalence – Whether the diploma in Art and Craft by Kurukshetra University through distance education is recognized as equivalent to the diploma by the Haryana Industrial Training Department – The eligibility criteria specified a "two-year Diploma in Art and Craft examination conducted by the H...
Recovery of Debts – Limitation – Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Whether Section 5 of the Limitation Act, 1963 is applicable – Supreme Court holds that Section 5 of the Limitation Act does not apply to appeals against the order of the Recovery Officer under Section 30 of the Act – The prescribed period of 30 days...
Disciplinary Proceedings – Recovery Order – High Court set aside the punishment order due to non-compliance with principles of natural justice – Charge of causing loss of Rs. 246,922.56 proved by Enquiry Officer – Supreme Court holds High Court should have maintained recovery order as the charge was proven – Punishment for recovery maintained – Respondent’...
Service Law – Pay Scale – Upgradation vs. Promotion – Respondents claimed higher pay scales on completion of service milestones without promotion – Upgradation of posts merely provided financial benefit without changing duties – Supreme Court holds that claim based on office order for next higher pay scale without assuming higher responsibilities is misconceived &ndas...