Education Law – Affiliation for B. Pharma Course – Pharmacy Council of India (PCI) approval – State Government's conditional affiliation – Petitioners' right to affiliation upheld – Respondent University directed to grant affiliation and permit students to participate in examinations – Petition allowed [Paras 1-12].
Affiliation Process – Conditi...
Limitation Act – Section 18 – Acknowledgement of Debt – Balance Sheets – Entries in balance sheets can amount to an acknowledgement of debt under Section 18 of the Limitation Act – Such entries, if signed by the party, can extend the limitation period – Supreme Court refers to several precedents affirming this interpretation [Paras 1-23].
Corporate Law &ndash...
Arbitration Law – Seat of Arbitration – Change of Venue – Mutual Agreement – Supreme Court held that by mutual agreement of the parties, the venue of arbitration can be changed, and this change constitutes a change in the seat of arbitration – Once the seat is designated, it is akin to an exclusive jurisdiction clause, vesting exclusive jurisdiction with the courts at...
Appointment of Assistant Professors and Lecturers – Time-Barred Challenges – Under Section 53 of the Uttar Pradesh Chhatrapati Shahuji Maharaj Medical University Act, 2002, any challenge to the appointment must be made within three months. The respondent's challenge to the appellant’s appointment as Assistant Professor, made after more than three years, was time-barred and no...
Land Acquisition – Re-notification Prohibited – Once an award is approved, compensation paid, and possession handed over to the Government, the acquisition proceedings cannot be reopened or re-notified. The Land Acquisition Act does not allow for reacquisition of land already vested in the Government [Paras 1-17].
Award Approval and Government Interest – The initial award appr...
Larsgess Scheme – Termination and Constitutional Compliance – The Larsgess Scheme, allowing certain wards of serving railway employees entry into service without competitive selection, was found inconsistent with Articles 14 and 16 of the Constitution. The Union of India justifiably terminated the scheme. Claims under the terminated scheme do not warrant relief, as they would result in...
Review Petition – Maintainability Post Miscellaneous Application – The rejection of a Miscellaneous Application seeking recall of a judgment does not preclude filing a review petition under Article 137 of the Constitution. The review petition remains maintainable as it is a statutory proceeding distinct from an application for recall [Paras 13-15].
Review Jurisdiction – Error ...
Voluntary Retirement – Eligibility and Notice Period – Regulation 29 of the Indian Bank Employees Pension Regulations, 1995, entitles an employee to voluntary retirement after 20 years of qualifying service by giving three months' notice. A request for waiver of the three-month notice period must be considered on merits. The High Court correctly found that the respondent’s re...
IBC and Limitation – Right to Sue and NPA – Applications under Sections 7 and 9 of the IBC are governed by Article 137 of the Limitation Act, and the right to sue accrues upon default. If the default occurred more than three years prior to filing the application, it is barred by limitation. Here, the account was declared NPA on April 1, 1993, making the application time-barred [Paras 1...
Service Law – Termination and Abandonment of Service – The employer must justify termination before the tribunal by leading evidence if no disciplinary enquiry is conducted. The entire matter, including whether the dismissal or discharge was justified, would be open before the tribunal. A defective enquiry is treated similarly to no enquiry, necessitating the employer to prove the fact...