Maintainability of Writ Petition – Supervisory Role of RBI Over NBFCs – The petitioner, holding significant investments in Exclusive Capital Limited, an NBFC, sought RBI intervention alleging mismanagement, fund siphoning, and regulatory violations – Held: RBI’s role as regulator, under Chapter IIIB, involves oversight of NBFCs from inception to liquidation, authorizing jud...
Tender Process – Deviation from Tender Terms – Arbitrary Selection – The petitioner challenged the award of a tender for loading and transportation of coal, arguing that the respondents deviated from the tender conditions in selecting the final L-1 bidder through a random algorithm under the GeM Portal's General Terms and Conditions, instead of following Clause 25.2(B) of the...
Service Law - Confidential Reports (CRs) – Standard for Judicial Review – Assessment Validity – The petitioner, an Army Brigadier, challenged adverse CRs that impacted his nomination for the National Defence College (NDC) and promotion to Major General – Held: Judicial review of CRs is permissible where objectivity or procedural fairness is compromised; the Tribunal's f...
Service Law – Transfer – Allegation of Insubordination – Transfer Quashed – The petitioners, Assistant Managers in different branches of Indian Overseas Bank, challenged their transfer orders issued after a review meeting where one of the petitioners raised issues regarding UPI transaction delays – The bank alleged that the petitioners committed acts of insubordinatio...
Service Law – Regularization of NMRs/Daily Wage Workers – Eligibility for Regularization – Continuous Service for Over 10 Years – Petitioners employed as NMRs/daily wage employees claimed regularization based on the principle that they had completed more than 10 years of continuous service without interruption and were allowed to draw time scale and benefits on par with reg...
Civil Writ - Blacklisting – Quashing of Order – Allegations of Bribery – Petitioner-firm's contract was terminated, and the firm was blacklisted for five years due to a viral video alleging bribery by its audit team – Held: The termination and blacklisting were based on presumptions and unsupported by any material evidence – The enquiry officer failed to confirm a...
Child Marriage – Constitutional Guarantees – Writ Petition filed under Article 32 – Petitioners approached the Supreme Court seeking stronger enforcement of the Prohibition of Child Marriage Act, 2006 (PCMA) – Court noted that child marriage violates fundamental rights to life, liberty, health, education, and autonomy – Directed the Union Government and States to impl...
Service Law - Cancellation of Group-I Notification – Validity of Revised Notification No.02/2024 – The petitioners contended that the cancellation of Notification No.4/2022 by TSPSC was arbitrary and unconstitutional – Court held: The Commission has the authority to alter or withdraw notifications, as per para 13 of Notification No.4/2022 – The cancellation of the notificat...
SARFAESI Act - Assignment of Overdraft Facility – Compliance with RBI Master Directions – Validity of Assignment – The appellants argued that their overdraft facility account was not a “Stressed Loan” as it had not been declared as a Special Mention Account (SMA) under the RBI’s Master Directions – Court held: Continuous breach of the sanctioned overdraft ...
Insolvency Law – Suspension of Resolution Professional – Failure in Duties – The petitioner, a Resolution Professional (RP) in the Corporate Insolvency Resolution Process (CIRP) of M/s. Transparent Energy System Pvt. Ltd., was suspended by the Disciplinary Committee of the IBBI for one year for failing to exercise due diligence in verifying the Resolution Plan and non-intimation ...