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...
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...
Environmental Law – Solid Waste Management – Closure of Garbage Processing Plant (GPP) – Reversal on Appeal – National Green Tribunal (NGT) ordered the closure of a Garbage Processing Plant (GPP) at Baner, Pune, citing violations of environmental norms – Directed the Pune Municipal Corporation (PMC) to relocate the GPP and convert the land into a biodiversity park &nd...
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 ...
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...
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...
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 – Compensation for Violation of Article 21 – High Court's Jurisdiction under Article 226 of the Constitution – Claim for compensation for the death of the petitioner’s husband due to electrocution – Petitioner sought ₹50 lakhs from BSES Yamuna Power Ltd. (BSES) and the Government of NCT of Delhi under Article 226 for alleged violation of funda...
Tender Process – Judicial Review – Kerala High Court quashed the award of tender due to preferential treatment: Challenge to the award of a tender by the Thrissur Municipal Corporation to the sixth respondent. The petitioner, the only technically qualified bidder initially, argued that the fifth respondent unlawfully granted the sixth respondent additional time to submit required docum...
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 ...