Employment Law – Submission of Qualification Proof – Subsequent Submission Permissible – Petitioner’s candidature for Anganwadi Assistant was rejected due to the absence of her Class Vth mark sheet with the initial application – Court held that the mark sheet submitted during objections to the provisional merit list should have been considered as per precedents &ndash...
Demolition of Properties – Arbitrary Action – Violation of Rule of Law - Writ petitions filed under Article 32 challenge demolition of residential and commercial properties of persons accused in criminal cases without adherence to due process – Court finds such demolitions to be violative of the principles of rule of law and separation of powers – Executive cannot impose pe...
Arbitration Agreement Interpretation – Seat vs. Venue Distinction – The Court addressed whether Dubai, designated as the arbitration "venue," also serves as the arbitration's "seat," which would impact jurisdiction for appointing an arbitrator. The petitioner argued for Indian jurisdiction due to non-exclusive language on Dubai courts, substantial business ties ...
Arbitration – Jurisdiction of Courts under MSMED Act – Application Under Section 34 of the Arbitration and Conciliation Act – The question referred to the Larger Bench was whether the jurisdiction to challenge an award passed under Section 18(4) of the MSMED Act is governed by the exclusive jurisdiction clause in the original agreement between the parties or the place where the a...
Criminal Law – Quashing of Proceedings – Non-compliance with Settlement Terms – Petition Dismissed – The petitioner sought quashing of criminal proceedings based on a settlement agreement in divorce proceedings where the respondent refused to proceed with the second motion under Section 13B(2) of the HMA – Held: Withdrawal of consent for mutual divorce is a statutory ...
Chamber Allotment – Transparency and Fairness – Lack of Public Notification – Allotment Sustained - Appellant sought re-allotment of Chamber No. 103 on medical grounds, alleging that the allotment process lacked transparency – Court observed that while the chamber’s vacancy was not publicly notified, the allotment was based on seniority, and the appellant’s clai...
Criminal Proceedings – Mischaracterization of Civil Dispute – Section 482 of Cr.P.C. – Cognizance Quashed – The petitioners challenged criminal proceedings initiated against them for alleged forgery and fraud in a property sale involving Waqf land – The respondents alleged the sale deed was based on a forged Waqf Board authorization letter – The petitioners argu...
Corporate Criminal Liability – Vicarious Liability of Directors – Prima Facie Case – Dismissal of Discharge Application Upheld – The petitioner, an executive director of Amrit Projects Ltd., challenged the continuation of proceedings against him under the SEBI Act and Companies Act, claiming no involvement in daily operations – Held: Directors with significant roles, ...
Contractual Service – Annual Increment Entitlement – Appeal Allowed – The appellant and connected petitioners challenged the denial of annual increments for their contractual service despite its recognition for pension purposes under prior judicial decisions – Held: Contractual service shall also be counted for granting annual increments, in alignment with the principles in...
Election Law – Disqualification of Candidate – Petitioner challenged the election of respondent No. 1 to Biruvalli Gram Panchayat on grounds of disqualification under Section 12(h) of the Act, claiming respondent had a share or interest in work done by the Panchayat – Election Tribunal rejected the petition, leading to this writ petition [Paras 1-2].
Interpretation o...