Municipal Law – Town Planning Scheme – Land Allocation and Compensation – Appeals against the Gujarat High Court decision in Civil Appeal Nos. 16956-16957 of 2017 – Gujarat High Court upheld the Ahmedabad Municipal Corporation's decision regarding compensation and land allocation under Town Planning Scheme No. 6, Paldi, initiated under the Gujarat Town Planning and Urba...
Cooperative Societies – Test Audit Appointment – Quasi-Judicial vs. Administrative Orders – Revisions: The High Court examined whether the order appointing a special auditor under Section 81(3)© of the Maharashtra Cooperative Societies Act, 1960 was quasi-judicial or administrative, and whether such an order could be challenged under Section 154 of the said Act. The court he...
Lease Renewal Dispute – Original lease from 1905 renewed in 1944 expired in 1965 – Lease renewal application made in 1972 by Nalininath Mitra not adjudicated upon till initiation of resumption proceedings in 1975 due to reported dilapidation and unauthorized occupation – Resumption order issued by Collector in 1975 based on non-compliance with lease conditions including non-payme...
Commercial Law – Consumer Protection – Jurisdiction and Maintainability of Consumer Complaint – Supreme Court examined whether the service obtained by the complainant (a chit fund subscriber) was for a commercial purpose, affecting the maintainability of a consumer complaint under the Consumer Protection Act, 1986. Dispute arose from the service provider stopping the chit busines...
Arbitration Law – Arbitral Award – Section 37 of the Arbitration and Conciliation Act, 1996 – Appellant challenged arbitral award and Section 34 dismissal – Arbitral award partially allowed claims of claimant based on supplementary agreement – Appellant argued supplementary agreement required state approval, was not granted, and breaches were based on it – Arbit...
Service Law – Pay Revision and Recovery Notice – Petitioner, initially appointed as a daily wager and later receiving a fixed salary, challenged the recovery of alleged excess salary based on audit objections. High Court quashed the impugned order and recovery notice, directing proper pay revision and payment of arrears [Paras 1-12].
Procedure under Articles 14, 16, and 22...
Pension – Counting of Past Service – Petitioners sought direction for pension consideration by counting their services rendered as daily wagers from their initial appointments. The Court held that the past service of daily wagers must be counted for pension benefits, not just from the date of regularization. Petitioners entitled to pensionary benefits considering services prior to regu...
Contractual Dispute - Civil appeal challenging the judgment of Jammu and Kashmir High Court regarding enforcement and interpretation of contractual terms related to the tender awarded for transportation services - High Court had entertained a writ petition claiming damages for the loss of revenue due to delayed start of the contract period - Supreme Court holds that disputes purely arising out of ...
Procedural Law - Counsel's withdrawal and its effect on party representation - Counsel for the plaintiff withdrew without instructions, Trial Court decided case without notifying appellant - Held improper as per Baljit Singh v. Maya Ram [2006(4) RCR Civil 415] - The appellant should have been notified before proceeding in absence of representation - Case remanded to Trial Court for fresh adjud...
Educational Admission – Cancellation due to invalid Non-Creamy Layer Certificate – Challenge under Article 226 – Petitioner’s admission to MBBS course at Respondent No. 4 college, based on Non-Creamy Layer Certificate, cancelled after enquiry revealed misrepresentation by Petitioner’s father regarding marital status and spouse’s income – Enquiry conducted ...