Insurance – Fire Insurance Claim – Surveyor's Report vs. Investigation Report – Appellant (insurer) challenged the NCDRC's reliance on the surveyor's report for assessing the fire loss – Supreme Court held that while the surveyor's report is not sacrosanct, it can be relied upon if it inspires confidence and is not contradicted by more reliable evidence &nda...
Sales Tax - Exemption - Amendment to definition of "manufacture" - Claim for exemption from payment of sales tax after amendment excluding "tea blending" from the definition of "manufacture" - Court's analysis of the relevant provisions and submissions of the parties - Appellants' contention on legitimate expectation and promissory estoppel - Court's rejec...
Service Law – Appointment Eligibility – The appellants were candidates for the post of High School Assistants (Natural Science) in Kerala. The Kerala Public Service Commission (KPSC) disputed the eligibility of their B.Ed degrees, which were in Biological Science, for meeting the required subject criteria. The appellants produced Government Orders (GOs) confirming their degrees as equi...
Pre-referral jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Amendment Act, 2015 - Whether the court should decide the issue of the existence and validity of the arbitration agreement at the pre-referral stage or leave it to the arbitral tribunal. [Para 1]
Section 11(6A) of the Arbitration Act - Post the Arbitration and Conciliation Amendment Act, 2015, the jur...
Promotion to the post of District Judge based on principle of merit-cum-seniority and passing a suitability test - Gujarat State Judicial Service Rules, 2005 - Recruitment Notice - Compliance with directions in the case of All India Judges' Association and Ors. - Distinction between promotion based on merit-cum-seniority and promotion strictly on merit - Purpose of limited competitive examinat...
Rented Land – Use as Club Pavilion – The definition of "rented land" under Section 2(f) of the Haryana Urban (Control of Rent and Eviction) Act 1973 includes land used for business purposes, which need not be commercial. The term "business" encompasses charitable activities or those in the interest of the public. Therefore, using land for a club pavilion falls withi...
Customs duty exemption - Withdrawal of notification - Validity - Challenge to the withdrawal of a customs notification - Whether the withdrawal of the exemption notification was valid - Whether the withdrawal was in furtherance of public interest - Whether the withdrawal violated the principle of promissory estoppel - held that the withdrawal of the exemption notification by the government was val...
Regularization of Ad hoc Appointments – The appellant, a music teacher appointed in a leave vacancy, sought regularization under the Uttar Pradesh Secondary Education Department Regularization of Ad hoc Appointments on the Post of Trained Graduate Teachers Rules 2001. The High Court had denied her regularization, declaring her appointment illegal as it was against a leave vacancy, and not pe...
Dismissal from Service – without inquiry - Facts: Appellant employee of the respondent organization - dismissed from service - without conducting an inquiry - dismissal on the satisfaction of the President - not expedient to hold any inquiry in the interest of the security of the State - challenged dismissal - Tribunal and the High Court not find any reason to interfere with the dismissal.
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Will – Thumb Impression on Cancellation Deed – Genuineness – It is asserted that every person has a unique thumb impression, making forgery nearly impossible. Therefore, an adverse conclusion should not be drawn for affixing a thumb impression instead of signing documents related to property transactions. The genuineness of the cancellation deed cannot be doubted solely due to th...