Motor Vehicles – Standards of Visual Transmission of Light (VLT) – State Government Authority – The State Government and its officials were penalizing vehicle owners for using "Safety Glazing" materials that comply with Indian Standard IS.2553 (Part 2) (First Revision); 2019, alleging violations of the specified percentage of VLT – The amended Rule 100 of the Cent...
Property Law – Permanent Injunction – Suit for Injunction Simpliciter – Whether a suit for permanent injunction can be decreed without seeking a declaration of title when the title of the plaintiff is under dispute – Held, when a cloud is raised over the plaintiff's title, the suit for mere injunction is not maintainable without seeking a declaration of title – [P...
Property Law – Joint Ownership – Validity of Sale Deed – Appellant purchased property based on sale deed executed by one co-owner without partition – Trial Court dismissed suit for lack of possession, but First Appellate Court reversed decision, disbelieving family settlement and ruling no partition had occurred – High Court affirmed this decision – Held: Sale d...
Motor Vehicles – Permit Variation Application – Rejection and Appeal – Reversal on Civil Revision Petition – Appellant filed for route extension beyond Lakshmi Mills – Application treated as new permit request under Section 80(3) of the Motor Vehicles Act – State Transport Appellate Tribunal upheld rejection – Civil Revision Petition filed under Article 22...
Arbitration – Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 – Appointment of Arbitrator – Group of Companies Doctrine – Scope of Court's powers at referral stage under Section 11(6) – Prima facie determination of arbitration agreement – Non-signatory respondent – Referral of complex issues to arbitral tribunal for final ...
Company Law – Appeal under Section 423 of the Companies Act, 2013 – Rectification of the Register of Members – Allegation of Oppression and Mismanagement – The Supreme Court set aside the dismissal of the appellants’ claims by the NCLT and NCLAT. The appellants had sought rectification of the Register of Members under Sections 59 and 88 of the Companies Act, 2013, all...
University Regulations – Post-Publication Review – Retrospective Application – Petitioner challenged the suo motu review conducted by the University, which led to the reduction of her CGPA and resulted in her demotion from First Class First to First Class Second – University cited a resolution passed on December 24, 2018, requiring a review of the top three examinees if a p...
Promotion – Effect of Minor Penalty (Censure) – The Writ Court quashed the departmental proceedings and the penalty of "censure" imposed on the respondent, directing his promotion to the post of DGM (ATC) w.e.f. 01.10.1999 – Appellants argued that the "censure" penalty was a valid impediment to promotion – Court held that the respondent was not entitled ...
Constitutional Law – Violation of Articles 14 and 19(1)(g) – Challenge to deduction of 1% Labour Cess by the government from contractors’ bills – Absence of specific contract provisions for such deductions – Petitioners, engaged in various infrastructure projects, claim deductions are illegal and arbitrary – Relying on prior judgment (Ch.V.V. Subba Rao), court f...
Constitutional Law – Arms Export License Cancellation – Petition under Article 32 for International Treaty Violations – Rejection by Supreme Court – Petitioners, including former civil servants and activists, sought directions to cancel licenses for exporting arms to Israel, citing India’s international obligations under the Genocide Convention and related treaties. T...