Arbitration – Jurisdiction of Courts under MSMED Act – Application Under Section 34 of the Arbitration and Conciliation Act – The question referred to the Larger Bench was whether the jurisdiction to challenge an award passed under Section 18(4) of the MSMED Act is governed by the exclusive jurisdiction clause in the original agreement between the parties or the place where the a...
Property Law – Nature of Deed – Distinction between "Gift" and "Settlement" – Property Share Upheld – The deed executed in 1963 by two coparceners in favor of Govindammal was challenged as a gift deed lacking adequate consideration, contending it did not confer the claimed rights over 2/3rd of the property – Held: The deed constituted a valid settl...
Arbitration Law – Appointment of Arbitrator – Appeal under Section 11 of the Arbitration and Conciliation Act, 1996 – Appellant (Goqii Technologies Private Limited) challenged High Court’s dismissal of arbitration application, seeking appointment of arbitrator under Clause 18.12 of Master Services Agreement (MSA) with the Respondent (Sokrati Technologies Private L...
Employment Law – Submission of Qualification Proof – Subsequent Submission Permissible – Petitioner’s candidature for Anganwadi Assistant was rejected due to the absence of her Class Vth mark sheet with the initial application – Court held that the mark sheet submitted during objections to the provisional merit list should have been considered as per precedents &ndash...
Company Law – Liquidation – Priority of Claims – Appeals filed by workmen challenging the order denying statutory interest on arrears of wages during the liquidation of the company – Appellants argued that workmen should receive interest similar to secured creditors, based on parity under Section 529A of the Companies Act – Held, workmen and secured creditors are pari...
Family Pension – Dependency and Entitlement – Petitioners challenged the Tribunal’s order directing the grant of family pension to the respondent – Contention that respondent was not dependent on her father at the time of his death, hence not entitled to family pension – High Court held that dependency is a crucial factor and mere divorce after the pensioner’s d...
Service Law – Proficiency Step-up Scheme – Differential Treatment – Relief Granted – Appellants sought benefits under the Proficiency Step-up Scheme, 1988, counting service in the work-charged establishment before regularisation – High Court upheld denial of benefits by the Single Judge, equating the Proficiency Step-up Scheme, 1988, with the Assured Career Progressio...
Service Law – Disciplinary Proceedings – Violation of Rule 7(3) – Inquiry Invalidated – Relief Granted - Appellant faced disciplinary proceedings resulting in major penalties, including censure entry and withholding of increments with cumulative effect. Tribunal quashed the penalty order, finding the inquiry officer failed to record oral evidence, violating Rule 7(3) of the...
Arbitration Agreement Interpretation – Seat vs. Venue Distinction – The Court addressed whether Dubai, designated as the arbitration "venue," also serves as the arbitration's "seat," which would impact jurisdiction for appointing an arbitrator. The petitioner argued for Indian jurisdiction due to non-exclusive language on Dubai courts, substantial business ties ...
Partnership Law – Dissolution of Partnership – Rights of Outgoing Partner – Suit for Settlement of Accounts – Original plaintiff filed Suit No. 286 of 1978 seeking dissolution and settlement of accounts of a partnership firm, Crystal Transport Service, alleging improper conduct by other partners in diverting firm assets – Trial court's preliminary decree dissolved...