Registration Act – Compulsory Registration – Compromise Decree – A compromise decree regarding land not the subject matter of the suit but part of a settlement between family members does not require compulsory registration under Section 17(2)(vi) of the Registration Act 1908 – A family settlement recognizing pre-existing rights among family members does not create new righ...
Constitutional law - Governor's power to invite Chief Minister - Objective material for calling floor test - Held, the Governor must have objective material before concluding that the Chief Minister has lost the confidence of the House and calling for a floor test. [Para 166]
Constitutional law - Governor's power to invite Chief Minister - Restoration of status quo ante - Resignation of...
Industrial Disputes Act – Locus Standi – Registered Trade Union – The appellant, a registered trade union, sought to modify the standing order concerning the retirement age of employees – Supreme Court held that the union had locus standi to file such an application – Technical objections to locus standi by the employer at the implementation stage of settlements were ...
Insolvency and Bankruptcy Code, 2016 - Section 7 - Admission of application - Default by Corporate Debtor - Once National Company Law Tribunal (NCLT) is satisfied that default has occurred, there is no discretion left with NCLT to refuse admission of the application under Section 7 - Non-payment of a part of debt when it becomes due and payable amounts to default - NCLT may reject the application ...
Education Law – Conditional Affiliation – Pharmacy Colleges – The petitioner colleges sought affiliation for the academic year 2020-2021 – Supreme Court directed that the norms and regulations set by the Pharmacy Council of India (PCI) must be followed for degrees and diplomas in pharmacy – Conditional affiliation was granted by the State Government on 19.03.2021 &nda...
Constitutional interpretation - National Capital Territory of Delhi (NCTD) - Interpretation of constitutional provisions governing NCTD's powers and functions - Analysis of Article 239AA and relevant constitutional principles - Determination of NCTD's legislative and executive powers over "services" - Examination of the relationship between Union and NCTD - Clarification of NCTD&...
Pay Disparity – Secretariat vs. Non-Secretariat – Appeals concerning pay disparity between Private Secretaries in Railway field offices and those in Secretariat – 6th CPC recommended some pay parity but maintained distinctions beyond Assistant grade – Tribunal's conflicting judgments on parity – Supreme Court upheld distinct recommendations for non-Secretariat org...
Criminal Procedure Code, 1973 – Section 313 – Examination of accused – Principles governing examination of accused under Section 313 of CrPC discussed – It is the duty of the Trial Court to put each material circumstance appearing in the evidence against the accused specifically, distinctively and separately – Failure to do so amounts to a serious irregularity vitiati...
Encroachment – Jurisdiction – Show Cause Notices – Appellants challenged the show cause notices issued under the Tamil Nadu State Highway Act, 2001 – Contended that the authority under the State Act did not have jurisdiction post enactment of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 – Supreme Court h...
Arbitration – Bank Guarantee – Refusal to Accept – High Court refused to accept irrevocable Bank Guarantee of Rs. 30 Crores issued by ICBC, a Scheduled Bank included in the Second Schedule of the Reserve Bank of India Act – High Court insisted on a fresh Bank Guarantee from a "Scheduled Indian Bank" – Supreme Court held that the High Court erred in its direc...