(1)
NATIONAL CONFEDERATION OF OFFICERS ASSOCIATION OF CENTRAL PUBLIC SECTOR ENTERPRISES AND OTHERS .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondent D.D
18/11/2021
Public Interest Litigation – Res Judicata – Summary dismissal of earlier petition under Article 32 does not bar the present writ petition – Court must be cautious in applying res judicata in matters of grave public interest – High Court's error in allowing the writ petition without substantive adjudication on merits [Paras 1-13, 26-35].
Disinvestment – Strategi...
(2)
SMT. MEENA PAWAIA AND OTHERS .....Appellant Vs.
ASHRAF ALI AND OTHERS .....Respondent D.D
18/11/2021
Motor Accident – Compensation – Future Economic Loss – Deceased was a 21-year-old student – Tribunal assessed future economic loss at Rs.15,000 per month; High Court reduced it to Rs.5,000 – Supreme Court held the income should be considered at Rs.10,000 per month, with a 40% addition for future prospects – Multiplier of 18 applied based on deceased’s age,...
(3)
VEENA PANDEY .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondent D.D
18/11/2021
Pension – Social Security Measure – Coal Mines Pension Scheme, 1998, framed under Section 3-E of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 – Pension considered deferred compensation for long service – Employee opted for 90% pension during lifetime – Widow entitled to lump sum payment equal to 100 times the full monthly pension on employee&rs...
(4)
THE STATE OF MADHYA PRADESH AND OTHERS .....Appellant Vs.
ASHISH AWASTHI .....Respondent D.D
18/11/2021
Compassionate Appointment – Policy Applicability – Deceased employee died on 08.10.2015 while serving as a work charge employee – Policy at the time provided Rs. 2 lakhs compensatory amount but no compassionate appointment – Subsequent policy dated 31.08.2016 allowed compassionate appointments for work charge employees – Supreme Court held the claim must be decided ba...
(5)
ATTORNEY GENERAL FOR INDIA AND ANOTHER .....Appellant Vs.
SATISH AND ANOTHER .....Respondent D.D
18/11/2021
Sexual Assault – Definition and Interpretation – High Court's interpretation of Section 7 of the POCSO Act requiring "skin-to-skin" contact for sexual assault is incorrect – Supreme Court held the most important ingredient for constituting the offence of sexual assault under Section 7 is the "sexual intent" and not the "skin-to-skin" contact &nda...
(6)
JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY .....Appellant Vs.
CRESCENT EDUCATIONAL SOCIETY AND OTHERS .....Respondent D.D
18/11/2021
Education – Affiliation and Admission – High Court directed JNTU to proceed with the notification of institutions for the second phase of counselling despite JNTU awaiting State Government approval – Supreme Court held that JNTU’s regulations require prior permission from the State Government for starting new programs or increasing intake capacity – High Court's i...
(7)
STEEL AUTHORITY OF INDIA LIMITED .....Appellant Vs.
GOURI DEVI .....Respondent D.D
18/11/2021
Compassionate Appointment – Delay and Laches – Appointment on compassionate grounds is an exception to the general rule of public appointments based on merit – If the family has survived for a substantial period after the death of the breadwinner, there is no justification for compassionate appointment at the cost of others’ interests – Application for appointment mad...
(8)
UNION OF INDIA .....Appellant Vs.
MANRAJ ENTERPRISES .....Respondent D.D
18/11/2021
Arbitration – Interest Award – Arbitrator awarded pendente lite and future interest despite Clause 16(2) of GCC barring such interest – Supreme Court held that as per Clause 16(2), no interest shall be payable on earnest money, security deposit, or amounts payable to the contractor under the contract – Arbitrator and High Court erred in awarding interest contrary to the con...
(9)
PADAM NABH & SONS .....Appellant Vs.
YASH PAL .....Respondent D.D
17/11/2021
Rent Control – NRI Landlords – Right to Eviction – NRI purchasers of property can invoke summary jurisdiction under Section 13-B of the East Punjab Urban Rent Restriction Act after five years of ownership, irrespective of who initially let out the premises – Distinction between 'landlord' and 'owner' critical – High Court order upheld, confirming evict...