Arbitration Award – Setting Aside of Arbitral Award – Order passed by Facilitation Council without following arbitration procedure – Council’s order was challenged in writ petition – High Court dismissed the petition – Supreme Court held that the order of the Facilitation Council was a nullity as it bypassed mandatory arbitration procedure under MSMED Act and Ar...
Examination Question – Validity – Question regarding the Panchayati Raj Minister in Uttar Pradesh at the time of the exam was ambiguous due to the minister's recent death – Commission decided to award marks to candidates who chose the correct answer as per the pre-death scenario or left it unanswered – Respondent who chose an incorrect option sought relief – Supre...
Market Fee – Liability on Imported Produce – Respondent, engaged in selling processed spices, imports agricultural produce from outside Karnataka, processes it, and sells within the appellant's market area – Market fee levied under Section 65(2) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act of 1966 – Exemption not applicable to imports...
Consumer Complaint – Limitation Period – NCDRC condoned a delay of 100 days in filing a written statement – Appeal based on Constitution Bench judgment in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (2020) 5 SCC 757, which restricts the extension of time beyond 45 days – Judgment applied prospectively – Orders of NCDRC allowing condonation on merit...
Arbitral Award – Excess of Claim – Contractor initially claimed Rs. 10,350,263 but was awarded Rs. 15,195,400 by the Arbitrator – Award in excess of claim is invalid and amounts to jurisdictional overreach – Supreme Court upholds award only up to claimed amount [Paras 9.1-9.2].
Scope of Reference – Maintenance Contract – Arbitrator awarded amounts beyond the ...
Contempt of Court – Executable Decree – Decree obtained under Land Acquisition Act is executable – Contempt not maintainable for non-compliance of such decree – Contempt jurisdiction discretionary, aimed at maintaining court's dignity and law – No right for aggrieved party to insist on contempt action – Petitioner advised to pursue available legal remedies u...
Casual Labourers – Temporary Status and Regularization – Respondent failed to meet the requirement of 240 days of service in a calendar year as per the 1989 Scheme – Committee's report confirmed respondent's service was below the required threshold – High Court and Tribunal erroneously granted temporary status without recording evidence – Appeals allowed, orde...
Environmental Law – Road Widening – Char Dham Highway project involves widening of approximately 900 km of roads to ensure safer, smoother, and faster traffic movement – Court emphasizes the need for sustainable development considering the fragile Himalayan ecosystem – Differing views on road width: DL-PS standard vs. IW standard – Majority view of HPC favors 2012 MoR...
Insolvency Resolution – Threshold for Admission – Adjudicating Authority's jurisdiction under Section 7 of IBC is limited to ascertaining the existence of default and admitting or rejecting the application accordingly – NCLT cannot dismiss the petition on the basis that the corporate debtor is exploring settlement possibilities without addressing the merits of the petition &n...
Service Law – Compassionate Appointment – Respondent's application for compassionate appointment delayed by the appellants – Respondent crossed the age of 50 years, making employment impractical – High Court awarded Rs.10 lakhs compensation – Supreme Court modified to Rs.5 lakhs due to delay caused by appellants [Paras 6-11].
Compensation for Delay – The ...