Labour Law - Employees' Compensation - Employees' Compensation Act 1923 - Sections 2 and 12 - Employer-Employee relationship - Appellant-owner challenged an award of compensation for injuries sustained by the first respondent-worker during construction work - The Commissioner failed to frame a specific issue regarding the existence of an employer-employee relationship despite it being a fundamental jurisdictional fact - The Commissioner also erroneously held that the question of whether the worker was engaged by the appellant directly or through a contractor had no relevance - The High Court held that the failure to frame such an issue resulted in prejudice and necessitated a remand to the Commissioner for fresh adjudication on the merits of the relationship and the applicability of Section 12 - Held - Order of Commissioner set aside and matter remanded for fresh consideration - [Paras 1-19].

Labour Law - Definition of Workman - Employees' Compensation Act 1923 - Section 2(1)(n) - Casual employment - Following the 2000 Amendment to the Act which omitted the exclusionary clause for casual employees employed otherwise than for the purposes of the employer's trade or business- The High Court held that a worker engaged in casual construction work after the amendment is covered under the definition of a workman - Held - Contention that casual nature of work excludes eligibility for compensation is rejected - [Para 16].

Decision: Appeal allowed – Impugned order set aside – Matter remanded to the Commissioner for Employees' Compensation to frame appropriate issues and pass a fresh order within six months.

Arbitration Law - Arbitrability of Disputes - Arbitration and Conciliation Act 1996 - Section 8 - Execution of compromise decree - Appellant sought referral to arbitration regarding liability for mesne profits under a compromise decree containing an arbitration clause - Executing court rejected application - High Court held that the existence of an arbitration clause in a compromise decree mandates referral of disputes regarding performance or breach to arbitration - Held - Impugned order set aside and parties referred to arbitration - [Paras 1-15].

Arbitration Law - Peremptory nature of Section 8 - Arbitration and Conciliation Act 1996 - Section 8 - Obligation of Court - Dispute regarding non-completion of construction and liability for compensatory amount held to be a matter for arbitration - Mere execution proceedings do not bar the statutory right to seek arbitration when the underlying decree contains an arbitration agreement - Held - Executing court is bound to refer the dispute to an arbitrator - [Paras 10-14].

Decision: Appeal allowed – Impugned order dated 11/08/2025 set aside – Executing Court directed to appoint an independent arbitrator to adjudicate the dispute within a stipulated timeframe before proceeding with the execution.

Writ Law - Legal Profession - Advocates Act 1961 - Section 26(2) - Rules of Legal Education 2008 - Rule 4(a) - Enrolment eligibility - Petitioner denied enrolment due to absence of conventional Bachelor's Degree despite holding Master's degree and LL.B. degree - State Bar Council failed to follow mandatory statutory procedure of referring refusal to Bar Council of India - High Court set aside rejection order - Held - Matter remanded for reconsideration in strict adherence to Section 26(2) and examination of whether Master's degree constitutes equivalent qualification under Rule 4(a) - [Paras 14-35].

Writ Law - Right to Profession - Constitution of India - Article 19(1)(g) - Right to livelihood - Petitioner sought enrolment after superannuation from government service - Rejection of enrolment application has direct bearing on constitutional right to practice profession - Held - Regulatory authorities must apply statutory framework in its entirety and cannot act in an absolute manner without considering prescribed exceptions or alternative qualifications - [Paras 26-27].

Writ Law - Statutory Procedure - Advocates Act 1961 - Section 26(2) - Obligation of State Bar Council - Where Enrolment Committee proposes to refuse application for enrolment it is mandatory to refer the application to Bar Council of India for its opinion along with statement of grounds - Held - Non-compliance with this statutory requirement vitiates the rejection order - [Paras 13-21].

Writ Law - Educational Qualification - Rules of Legal Education 2008 - Rule 4(a) - Equivalent qualification - Provision explicitly allows for three-year law course after Bachelor's degree or any other qualification considered equivalent by Bar Council of India - Held - Regulatory authority must consider whether petitioner's existing higher qualification satisfies equivalence test - [Paras 15-19].

Decision: Writ petition partly allowed – Impugned order of rejection set aside – Karnataka State Bar Council directed to refer the application to the Bar Council of India for opinion by 30.10.2026 – Bar Council of India directed to pass final orders by 30.12.2026.

Writ Law - Right to Information - Right to Information Act 2005 - Section 8 - Disclosure of CCTV footage - Petitioner sought CCTV footage through an RTI application which was denied citing sensitivity and potential breach of security under Section 8(1)(g) - High Court examined the mandate of Paramvir Singh Saini v Baljit Singh regarding the preservation of CCTV footage for human rights violation complaints - Court observed that while the Supreme Court ensures the preservation of footage for victims of custodial violence, a petitioner cannot claim an absolute right to public disclosure of such footage under the RTI Act without initiating substantive proceedings before an appropriate forum - Held - CCTV footage cannot be provided directly to an applicant where it falls under statutory exemptions - Petitioner must approach the appropriate forum to seek the preservation and production of such evidence - Petition disposed of - [Paras 1-8].

Evidence Law - Discovery of Documents - Right to Information Act 2005 - Section 8(1)(g) - Confidentiality of CCTV footage - State submitted that footage contains sensitive data and is exempt from disclosure - Court affirmed that the nature of CCTV recordings in sensitive or police installations allows for protection from general public dissemination - Held - Direct disclosure denied in the absence of a specific grievance or complaint before a court - [Paras 3-6].

Criminal Law - Human Rights - Protection of Human Rights Act 1993 - Sections 17, 18 and 30 - Right to access evidence - Relying on Paramvir Singh Saini v Baljit Singh the Court clarified that CCTV footage becomes accessible primarily when a victim of human rights violations initiates a complaint before a Commission or Human Rights Court which then has the power to summon the footage - Held - Right to preservation is not synonymous with a right to public access under RTI - [Paras 4-7].

Writ Law - Review Jurisdiction - Code of Civil Procedure 1908 - Order 47 Rule 1 - Scope of review - Appellant challenged the order in review petition which excluded 400 square meters of land from compensation based on a conversion condition that was never raised before the statutory Arbitrator - The Court held that a review petition cannot be utilized to introduce a new factual foundation or to reopen substantive rights that have already attained finality through an arbitral award - The High Court set aside the impugned order in review as it exceeded the permissible scope of review jurisdiction - Held - Appeal allowed - [Paras 1-18].

Arbitration Law - Finality of Award - National Highways Act 1956 - Section 3G - Statutory determination - The respondents failed to challenge the arbitral award determining compensation and allowed it to attain finality - The Court ruled that administrative authorities cannot assume power to reopen or recalculate compensation by raising new contentions after the award has become final - Held - The respondents cannot seek to achieve indirectly through review what they failed to do by challenging the award - [Paras 11-17].

Arbitration Law - Judicial Review - Arbitration and Conciliation Act 1996 - Section 34 - Modification of Award - Relying on Project Director, National Highways Vs. M. Hakeem the Court reiterated that there is no general power to modify an arbitral award - The Court held that if the respondents contended that the land area was incorrectly included, the appropriate remedy was to challenge the award under the A&C Act - Having failed to do so the award is binding - [Paras 16-17].

Decision: Appeal allowed – Order dated 20.12.2024 passed in R.P. No. 236/2022 set aside – Order dated 22.10.2021 passed in W.P. No. 9402/2021 confirmed.

Civil Law - Tenancy - Code of Civil Procedure 1908 - Section 100 - Suit for possession - Plaintiff claimed rights over suit property through testamentary succession from mother and alleged defendant was a licensee - Lower courts concurrently held that plaintiff failed to prove mother’s exclusive possession or creation of any licensee-licensor arrangement with the defendant - No documentary evidence produced to substantiate profit-sharing or licensee status - Held - findings of fact concurrently recorded against the appellant - no substantial question of law arises - appeal dismissed - [Paras 1-120].

Evidence Law - Burden of Proof - Indian Evidence Act 1872 - Section 101 - Tenancy rights - Plaintiff asserted possession over shop portion but failed to provide cogent proof beyond rent receipts that did not specify the disputed portion - Defendant produced long-standing possession records including MCD challans and receipts - Held - plaintiff failed to discharge onus of proving his title or superior right of possession - [Paras 89-108].

Civil Law - Succession - Indian Succession Act 1925 - Will - Validity of testamentary disposition of tenancy - Court held that tenancy rights are not transferable via Will where the underlying tenancy itself is not established or has been surrendered - Even if Will existed, it could not confer title where the testator had no proven tenancy over the specific disputed portion - [Paras 57-105].

Civil Law - Societies Registration Act 1860 - Internal management - Challenge to designation of Chairman - Plaintiff contested validity of Chairman’s post to invalidate No Objection Certificate issued for electricity connection - Evidence showed creation of post via internal Resolution of the Society - Held - challenge to internal management structure of a registered society without specific statutory violation is not a ground to vitiate administrative acts like issuance of NOC - [Paras 112-115].

Decision: Appeal dismissed – Concurrent judgments of the Trial Court and the First Appellate Court affirmed – No substantial question of law found – Pending applications disposed of.

Writ Law - Customs - Customs Act 1962 - Sections 110 and 124 - Petitioner sought release of gold seized at IGI Airport claiming non-issuance of written show-cause notice within statutory period - Respondent asserted that an oral show-cause notice was issued on the date of seizure and relied upon a statement recorded under Section 108 wherein Petitioner waived requirement of written notice - Petitioner challenged voluntariness of statement alleging coercion and production of pre-typed/blank documents - Court held that disputed questions of fact regarding the veracity of the statement and the nature of the proceedings cannot be adjudicated in writ jurisdiction - Held - Writ Court declined to order unconditional release but directed the adjudicating authority to decide the validity of the oral notice and the voluntariness of the statement within a timebound period - [Paras 1-38].

Customs Law - Show-cause notice - Customs Act 1962 - Section 124 - Requirement of notice - Whether oral notice satisfies statutory mandate - Proviso to Section 124 permits notice to be oral at the request of the person concerned - Respondent produced records indicating date of oral notice as 20.01.2024 - Held - Mere absence of a formal written show-cause notice does not automatically trigger the consequences of Section 110(2) if the Revenue establishes that an oral show-cause notice was validly issued and the person was afforded opportunity of hearing - [Paras 22-29].

Writ Law - Practice and Procedure - Article 226 of the Constitution of India - Disputed questions of fact - Allegation of coercion in signing incriminating statements under Section 108 of the Customs Act - Petitioner alleged reliance on CCTV footage and coercion to prove involuntariness - Held - Such evidentiary disputes require appreciation of material beyond the scope of extraordinary writ jurisdiction and must be determined by the competent adjudicating authority during proceedings - [Paras 19-26].

Decision: Writ Petition disposed of - Respondent directed to afford Petitioner an opportunity of personal hearing and to conclude adjudication proceedings within four weeks of Petitioner's appearance.

Civil Law - Child Custody - Special Marriage Act 1954 - Section 28 - Modification of consent terms - Petitioner challenged the Family Court judgment modifying a consent decree for sole custody to joint parenting without conducting a full hearing or allowing evidence - High Court held that custody orders are never final and may be modified upon proof of change in circumstances - Held - impugned judgment passed without affording parties a meaningful opportunity for hearing or evidence is set aside and matter remanded for fresh adjudication - [Paras 1-63].

Civil Law - Joint Parenting - Family Courts Act 1984 - Section 7 - Procedural fairness - Absence of statutory recognition for joint parenting in Indian Law - High Court ruled that while shared parenting is a viable solution if it serves the child's welfare it cannot be imposed without a structured plan based on parental cooperation and a fair, adjudicatory hearing - Held - strict 50-50 split without inquiry is not a practical solution - [Paras 56-58].

Civil Law - Res Judicata - Code of Civil Procedure 1908 - Order II Rule 2 - Bar on subsequent litigation - Mother withdrew initial custody petition but simultaneously filed for modification based on new circumstances - Court held that the bar of Order II Rule 2 does not apply to custody matters where the welfare of the minor is the paramount consideration and changed circumstances are asserted - Held - plea of bar rejected - [Paras 53].

Civil Law - Practice and Procedure - Family Courts Act 1984 - Duty to record satisfaction - Court stressed that Family Courts must perform their duty to ensure that consent terms regarding children are in the best interest of the child before making them part of a decree - Held - judicial duty to scrutinize consent terms remains paramount over the parties' agreement - [Paras 35-36].

Decision: Petitions partly allowed – Impugned judgment set aside – Case remanded to Family Court for fresh disposal – Interim arrangement for custody and access directed pending final decision – Contempt petition dismissed.

Writ Law - Practice and Procedure - Constitution of India 1950 - Article 226 - Systemic deficiencies in State litigation - Court observed that current mechanism for allocating cases to Government Counsel is mechanical and lacks application of mind as files are distributed in court without advance briefing - Practice of assigning drafting of counter-affidavits to a separate panel of counsel who never appear before the court leads to lack of accountability and ineffective representation - Held - Principal Secretary Law Department directed to file personal affidavit to explain the rationale for existing procedures and suggest reforms to ensure effective assistance to the court - [Paras 1-22].

Writ Law - Accountability of State Counsel - Constitution of India 1950 - Article 226 - Professional standards for Law Officers - Court emphasized that Government Counsel represent the State and not individual litigants and are obligated to be fully briefed with records and previous orders - Persistent failure to provide timely assistance causes avoidable adjournments and violates the spirit of judicial orders - Held - State must institutionalize a mechanism for advance case allocation and effective briefing of counsel to ensure fair and responsible representation - [Paras 14-18].