Service Law – Delay in Payment of Leave Encashment and CGEGI – Grant of Interest under Rule 39(3) of CCS Leave Rules and Constitutional Principles – Petition filed by Govt. of NCT of Delhi challenging CAT’s order for interest on delayed release of leave encashment and CGEGI – Respondent retired in July 2022, but leave encashment and CGEGI were disbursed only in Decemb...
Service Law – Disability Pension – Entitlement to Service Element – Petitioner, invalided due to disability acquired during military service, was granted only the disability element of pension – Citing Regulation 183, which includes both service and disability elements in disability pensions, petitioner argued entitlement to the service element for life – Held: As per...
Liability of Directors – Section 179 of the Income Tax Act – Natural Justice – Order Set Aside - The petitioner, a director of a private company, challenged the order passed under Section 179 of the Income Tax Act, which held him personally liable for the company's tax dues. The Court held that the petitioner was not afforded an opportunity to prove that non-recovery of the t...
Arbitration Law – Appointment of Arbitrator – Application for Arbitration – Respondent’s fresh petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed after withdrawing the first petition, was held time-barred and non-maintainable in the absence of court’s permission for re-filing – NCLT had previously entertained insolvency proceedings...
Maintainability of Review – High Court’s Power under Article 215 – Review Allowed - Petitioners sought review of an order dismissing their arbitration application under Section 11 of the Arbitration Act, arguing an error on the record in identifying R-Cube Energy’s legal structure – Respondents argued that the Arbitration Act lacks a review provision, precluding the H...
Medical Education – Eligibility for MBBS – Disability and Reasonable Accommodation - The appellant, with a disability of congenital amputation of multiple fingers, contested the denial of admission to the MBBS course despite his eligibility under general merit – The National Medical Commission (NMC) and two Medical Boards assessed the appellant, concluding ineligibility due to bi...
Civil Writ - Rent Law – Landlord’s Bona Fide Need – Scope of Judicial Review under Article 227 – Petition challenging lower court orders that allowed the landlord’s eviction application under Section 21(1)(a) of the UP Urban Buildings Act for setting up an Advocate’s chamber – Tenant argued that the landlord’s stated need was insincere and mere...
Service Law - Transfer of Police Personnel - Disciplinary Force - The petitioners, office bearers of the Bihar Police Association, contested their transfers under administrative orders, citing a lack of compliance with transfer protections. The Court noted that transfer is a routine aspect of service, especially in disciplined forces, and can be mandated under administrative necessity without judi...
Labour Law - Scope of the BOCW Act – Statutory Welfare Measures – Model Code of Conduct Implications – The Petition impugned a Circular dated 17 October 2023 issued by the Maharashtra Building and Other Construction Workers Welfare Board, which suspended registrations, renewals, and other welfare measures for construction workers based on the Model Code of Conduct for elections &...
Election Law – Cancellation of Elections – Impugned Order – The petitioner challenged the order dated 11.10.2024, which cancelled the elections for the post of Panch and Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur – The petitioner argued that the order was illegal, arbitrary, and against natural justice – High Court held that the cancellation of ...