Administrative and Service Law – Eligibility for Public Employment – Disqualification based on educational qualification – Conflict in interpretation of educational certificate – Applicant declared ineligible after participating in the selection process – Duty of the employer to provide a rational and justifiable reason for rejection – Failure to seek clarificat...
Service Matter - Appointment and Continuance in Service - Dispute regarding the appointment of the appellant and Respondent No.5 - Appellant appointed by the Managing Committee constituted on 15.12.1992, and the appointment cannot be termed illegal or void ab initio - Lack of vacancy on 07.01.1993 for the appointment of Respondent No.5 - Interim order of the High Court in favor of the Managing Com...
Service Law – Selection – Post of Police Constable – Involvement in Criminal Cases – High Court's lenient approach towards youth involved in petty crimes criticized – Supreme Court emphasizes that generalizations leading to condoning misconduct should not influence judicial verdicts – Importance of maintaining public confidence in the police force highlighte...
Corporate Insolvency Resolution Process (CIRP) – Belated inclusion of claim – Appellant’s claim related to an arbitral award dated 01.08.2016, which was in appeal under Section 37 of the Arbitration Act – An agreement entered into on 02.08.2006 for the development of land into a residential group housing complex – Alleged misconduct by the Corporate Debtor in advertis...
Land Grabbing – Title and Possession – Union of India claimed possession over land from 1958 – Respondents challenged under Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 – Tribunal found in favor of respondents based on previous suit findings – Supreme Court held the title to the land validly transferred to Union of India by Government Grants Act, 1895 and Sect...
Building Regulations – Violation – Construction of Towers 16 and 17 (Apex and Ceyane) by Supertech Limited was found to be in violation of the NBR 2006, NBR 2010, NBC 2005, and the UP Apartments Act, 2010 – The towers were constructed with insufficient distance between them and other buildings, violating mandatory open space requirements – High Court's direction for dem...
Civil Appeals - Challenge to High Court's judgment upholding merger of cadres in Education Department - Appellants sought quashing of the merger order - Policy decision of merger generally not interfered with - Examination of posts, responsibilities, and pay scales found them to be at the same level - No grounds to interfere with High Court's judgment - Appeals dismissed. [Para 4-6]
Per...
Industrial Disputes Act, 1947 – Section 11-A – Power of Labor Court to interfere with charges – Applicability and scope – Labor Court has the right to reappreciate the evidence and come to a different conclusion – Charges can be interfered with if necessary. (Para 21)
Labor disputes – Writ jurisdiction – High Court’s supervisory jurisdic...
Contempt jurisdiction - Filing of a false affidavit - Basis for initiation of action - Persons punished. [Para 49]
Waiver of right to challenge record of rights - Indirect relief sought through alternative means - Not maintainable - No challenge made to record of rights. [Para 50]
Reliance on notings in government file without communication of any order - Inter-departmental communications in...
Designation of Senior Advocates in India - Historical and Legal background - Origin of distinguished class of senior pleaders - Serjeants-at-Law and King's/Queen's Counsel in the United Kingdom - Introduction of Senior Advocates in India as a mark of excellence and recognition of professional eminence. (Para 1-2) Criteria for designation of Senior Advocates - Evolution and developmen...