Land Acquisition Act, 1956 - Apportionment of compensation - Principles and procedures - Scope and jurisdiction of the competent authority - Powers of the District Magistrate - Role of the Principal Civil Court of original jurisdiction - Reference to Sections 30 and 31 of the Land Acquisition Act, 1894 - Decision in Sharda Devi v. State of Bihar - (28) Judgment highlighting that apportio...
Land Acquisition – Specific Performance – Compensation – The appellant executed an agreement to sell land to the respondent, which was later acquired by the state. The courts below granted specific performance. The High Court modified this to grant compensation awarded under the Land Acquisition Act, with deductions for expenses incurred by the original landowner. The Supreme Cou...
Employees’ Provident Fund Act Interpretation – Applicability of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, to an establishment engaged in manufacturing, assembling, and selling umbrellas – Central Government’s notification under clause (b) of sub-Section (3) of Section 1 of the 1952 Act includes ‘trading and commercial establishments&r...
Environmental Law – Protection of Endangered Species – Great Indian Bustard and Lesser Florican facing extinction due to collisions with overhead power lines – Interim directions issued for installation of bird divertors and conversion of overhead cables into underground powerlines where feasible – Emphasis on ecocentric approach and sustainable development – Specific...
Civil Appeal – Pay Protection – Appellant's claim for pay protection – Appellant appointed as a Lecturer in English at the 1st respondent college – Dispute arises regarding pay protection – Single Judge of the High Court grants pay protection – Division Bench of the High Court overturns the decision – Appeal filed in the Supreme Court. [Para 1]
Inte...
Insurance Claim – Prawn Cultivation – Repudiation of claim by insurance company – Calculation of admissible loss – Methods of computation as per insurance policy – Application of principles of good faith and fair dealing in insurance contracts – Relevance of death certificate issued by independent authorities – Quantum of claim and interest – Appeal ...
Education Law – Affiliation for B. Pharma Course – Pharmacy Council of India (PCI) approval – State Government's conditional affiliation – Petitioners' right to affiliation upheld – Respondent University directed to grant affiliation and permit students to participate in examinations – Petition allowed [Paras 1-12].
Affiliation Process – Conditi...
Limitation Act – Section 18 – Acknowledgement of Debt – Balance Sheets – Entries in balance sheets can amount to an acknowledgement of debt under Section 18 of the Limitation Act – Such entries, if signed by the party, can extend the limitation period – Supreme Court refers to several precedents affirming this interpretation [Paras 1-23].
Corporate Law &ndash...
Arbitration Law – Seat of Arbitration – Change of Venue – Mutual Agreement – Supreme Court held that by mutual agreement of the parties, the venue of arbitration can be changed, and this change constitutes a change in the seat of arbitration – Once the seat is designated, it is akin to an exclusive jurisdiction clause, vesting exclusive jurisdiction with the courts at...
Appointment of Assistant Professors and Lecturers – Time-Barred Challenges – Under Section 53 of the Uttar Pradesh Chhatrapati Shahuji Maharaj Medical University Act, 2002, any challenge to the appointment must be made within three months. The respondent's challenge to the appellant’s appointment as Assistant Professor, made after more than three years, was time-barred and no...