Resolution Plan – Approval – IBC, 2016 – Appeal Dismissed – The appellant, Noida Special Economic Zone Authority, contested the reduced allocation in the approved resolution plan for recovering dues from the corporate debtor and challenged procedural and statutory non-compliance. Held: The Committee of Creditors (CoC)’s approval of the resolution plan falls within its...
Arbitration – Appointment of Arbitrator – Limitation and Time-barred Claims – Referral Court’s Scope – Petitioner sought appointment of an arbitrator for disputes arising from a Shareholders Agreement after the respondent’s delay in issuing shares and share certificates – Supreme Court examined whether the claims were time-barred for appointment of an arbi...
Administrative Law – Premature Transfer – Transfer Guidelines Violated – Writ Petition Allowed - The petitioner contested his premature transfer, citing non-compliance with the Transfer Guidelines, which require minimum tenure in a post and approval for premature displacement – Held: The High Court found that the petitioner was prematurely removed without necessary approval...
Service Law - Recovery of Excess Payment – No Fault of Employee – Applicability of Supreme Court’s Decision in Rafiq Masih – Petitioner, a retired Class-III employee, contested recovery of excess amount due to erroneous pay fixation – Citing State of Punjab v. Rafiq Masih (White Washer) (2015) and the M.P. High Court Full Bench decision in State of M.P. v. Jagdish Pra...
Land Acquisition – Quashing of Notification – Notification under Section 17(4) of the Land Acquisition Act, 1894 for urgent acquisition quashed by Single Judge – Appeal by landholders challenging land acquisition for university expansion – High Court upholds quashing of urgency clause but modifies procedural directions [Paras 1-16].
Urgency Clause – Invocation Inva...
Jurisdiction of Telangana Women’s Commission – Validity of Summons – Writ Petition Dismissed – The petitioner, an astrologer, challenged the summons issued by the Telangana State Women's Commission following a complaint by the Telugu Film Journalists Association. The complaint alleged that the petitioner’s predictions about women celebrities were defamatory and de...
Specific Performance – Limitation and Readiness to Perform – Appeal Dismissed - The appellants sought specific performance of an agreement of sale dated 02-11-1979 for land, contending that they were ready and willing to perform their part but were delayed due to procedural issues – Trial court dismissed the suit, finding the claim barred by limitation and observing that the plai...
Interim Order – Vacation Request – Application filed for vacating interim order dated 01.03.2023 – Respondent argued interim order halted significant public projects involving national security – Court reviewed necessity of interim relief versus public interest [Paras 1-13].
Public Interest and National Security – Judicial Review in Tender Matters –...
Permanent Disability Compensation – Assessment under Motor Vehicles Act – Appeal Partly Allowed – The appellant, a minor who suffered 75% permanent disability from a vehicular accident, challenged the compensation determined by the MACT and later enhanced by the High Court. Held: The Supreme Court recalculated the compensation based on a more appropriate income estimation for los...
Compassionate Appointment – Eligibility of Married Daughter – Petition Dismissed – The petitioner, a married daughter, sought compassionate appointment following her brother’s death in harness. The Tribunal had denied her application, ruling that as a married daughter, she was ineligible under the rules in effect at the time of her brother’s death. Held: The compassio...