Service Law – Voluntary Retirement – Claim for Past Dues – The respondent, who availed the Special Voluntary Retirement Scheme (SVRS), sought the setting aside of a disciplinary punishment imposed on him prior to his retirement – Held: The respondent, having voluntarily retired under the SVRS and accepted its benefits based on his final salary (which included the penalty im...
Civil Law - Development Agreement – Breach of Contract – Declaration Sought for Nullity – The plaintiff sought a declaration that the development agreement and supplementary agreement with the defendant firm were null and void due to non-performance and failure to obtain registration from ORERA – The trial court and first appellate court held that the defendant breached the...
Motor Vehicles Act – Compensation Enhancement – Age Determination – The claimants sought enhancement of compensation for the death of the deceased, aged 36, in a motor accident, challenging the Tribunal's findings regarding age, deductions for personal expenses, and the exclusion of future prospects – Held: The Tribunal wrongly drew an adverse inference regarding the de...
Criminal Law – Quashing of Charges – Appellant arraigned for offences under Section 120B IPC and Section 12 of the Prevention of Corruption Act, 1988 – Accused No. 13 alleged to have facilitated transfer of ₹50 crores through his company M/s Cornerstone Property Investments Pvt. Ltd. – High Court upheld the charges against him – Supreme Court quashes proceedings aga...
Contract Law – Tender Process – Rejection of Technical Bid – Appellant’s technical bid was rejected by BCCL for non-compliance with Clause 10 of the NIT, while Respondent No. 8’s bid was accepted despite non-submission of essential documents at the time of bidding – Held: The rejection of the appellant’s bid was arbitrary and discriminatory as Respondent N...
Guardianship and Custody – Jurisdiction Based on Minor's Ordinary Residence – Application Returned - The appellant sought custody of her minor daughters, invoking Muslim Personal Law, where the mother has deemed custody of a minor girl until she attains puberty. The Family Court dismissed the petition for lack of jurisdiction, holding that the minors were residing with their father...
Appointment of Election Officer – Jurisdiction of Registrar – Rule 11 of the 2004 Rules – Interpretation and Applicability – The petitioners challenged the removal of the Election Officer (Surja Ram Bishnoi) and the appointment of a new Election Officer (Manju Saharan) under Rule 11 of the 2004 Rules, arguing that Rule 11 applies only to elections under Section 26 of the Ac...
Consumer Law – Award of Interest – Execution of Forum's Order – The respondent was awarded 15% interest on the deposited amount by the Consumer Forum, with a recovery certificate issued for further interest on the interest amount – Held: Interest is payable only on the principal sum adjudged, not on the interest component, as per Section 34 of the CPC and Section 3(3) o...
Criminal Law – Caste-Based Discrimination in Prisons – Caste-Based Allocation of Prison Labour – Violation of Constitutional Rights – The petitioner, Sukanya Shantha, sought to challenge caste-based discrimination in prison manuals and their provisions, which prescribed labour and prison duties based on caste identity – Supreme Court held that several provisions of pr...
Civil Procedure – Amendment of Pleadings – High Court allowing an amendment under Order VI Rule 17 of the CPC despite the trial having commenced – Trial court rejected the amendment application on the grounds of undue delay and lack of due diligence by the plaintiff – High Court found that the amendment was necessary for the proper adjudication of the dispute, especially re...