Arbitration Law – Challenge to Arbitral Award – Section 34 of the Arbitration Act – Whether the arbitral tribunal acted outside the terms of the contract by directing the refund of the security deposit and partially rejecting the "risk and cost" counterclaim of the Railways – Held, the arbitral tribunal failed to comply with Section 28(3) of the Arbitration Act by...
Land Ownership – Lease Deed – Urban Land (Ceiling and Regulation) Act, 1976 – Execution of lease deed challenged – Whether the State of U.P. was justified in leasing the land to the appellant despite claims of ownership by Bhola (respondent) – Held, Bhola’s land was never declared surplus under the Urban Land Ceiling Act, and the execution of the lease deed was ...
Armed Forces Law – Appointment of Judge Advocate – Army Rules 39, 40 – Whether the appointment of a junior officer as Judge Advocate without recording reasons for non-availability of a senior officer invalidates the General Court Martial (GCM) proceedings – Held, the failure to record reasons in the convening order for appointing a junior officer as Judge Advocate, as manda...
Constitutional Law – Arms Export License Cancellation – Petition under Article 32 for International Treaty Violations – Rejection by Supreme Court – Petitioners, including former civil servants and activists, sought directions to cancel licenses for exporting arms to Israel, citing India’s international obligations under the Genocide Convention and related treaties. T...
Parole – Grounds for Granting – Convict sought parole to arrange finances and bid farewell to his son departing for higher studies abroad – Authorities rejected application citing pendency of appeal – High Court held pendency of appeal not a valid ground to deny parole – Rule 18 of Prisons (Bombay Furlough and Parole) Rules, 1959, interpreted to allow parole for signi...
Constitutional Law – Article 226 of the Constitution – Petitioners sought writs for annual grade increments and pension revision – Rajasthan High Court directed compliance with earlier decision in Vijay Singh v. State of Rajasthan – Similar petitions addressed as judgment treated as in rem rather than in personam – Repeated identical petitions termed misuse of judicia...
Constitutional Law – Delegation of Powers – Validity of Rule 18 of Andhra Pradesh (Telangana Area) Abolition of Inams Rules, 1975 – Petitioners challenged Rule 18 of the Rules on the ground that the delegation of powers to Revenue Divisional Officers (RDO) to issue Occupancy Rights Certificates (ORC) under Section 10 of the Act is unconstitutional. The petitioners contended that ...
Judicial Appointments – Elevation to High Court – Writ petition under Article 32 challenging the process of reconsideration for elevation of two senior-most District and Sessions Judges in Himachal Pradesh High Court – Petitioners argued against the appointment of officers junior to them without reconsideration of their names as directed by the Supreme Court Collegium – Hig...
Service Law – Alteration of Date of Birth – Petitioner sought correction of the date of birth from 06.04.1964 to 12.12.1966 based on a civil court decree – Held that such decrees are not binding on government authorities if the matter pertains to service records – Tamil Nadu Government Servants (Conditions of Service) Act, 2016 governs such alterations, and the application ...
Look-Out Circular (LOC) – Legality – Economic Offence – Petitioner challenged the issuance of an LOC by the ED, contending that he had fully cooperated with the investigation and had been granted anticipatory bail without any travel restrictions – The court held that none of the grounds for continuing the LOC, such as the petitioner being a flight risk or evading trial, wer...