Facts:

The 6th Central Pay Commission recommended pay-scale revisions in March 2008.

An Official Committee was formed by the Government of Tamil Nadu to examine and recommend pay-scales in line with the 6th Central Pay Commission.

Recommendations were accepted by the State Government through GO No.234 dated 01.06.2009.

Subsequently, a One Man Commission was constituted to rectify pay anomalies arising from the GO No.234 implementation.

The One Man Commission's recommendations were accepted through various Government Orders (GO Nos.254 to 340) in 2010.

Issues:

Subsequent to the GO No.234 and One Man Commission recommendations, the State Government issued GO No.71 in 2011, scaling down certain benefits without notice or hearing.

Various writ petitions challenged the validity of GO No.71, leading to a Single Judge's dismissal.

The Division Bench, on appeal, granted interim stay on GO No.71, except for the constitution of the Pay Grievance Redressal Cell (PGRC).

PGRC, constituted by the State Government, recommended pay-scale adjustments in 2013.

Writ petitions challenged the validity of GO No.242 issued to implement PGRC's recommendations.

Held:

The Division Bench found a violation of natural justice in reducing pay-scales without proper notice or hearing.

The Court directed the State Government to reconstitute the PGRC, this time chaired by a retired Judge.

The Court upheld the principle that a retired Judge would bring impartiality and expertise to pay-scale adjustments.

Recommendations made by the PGRC were accepted by the State Government through GO No.242.

The Court, acknowledging the violation of natural justice in the initial process, emphasized the need for a fair reconsideration.

The Division Bench directed the PGRC to review pay-scale adjustments, giving due consideration to all concerned.

Facts:

Advertisement issued on 21st December 2018 for 65 posts of Assistant Engineer (Civil).

Screening test conducted on 30th June 2019 under the 2010 Rules.

Gauhati High Court struck down a portion of Clause 12.2 of the Assam Public Service Commission (Conduct of Business) Procedure, 2019.

Issues:

Applicability of rules for the ongoing recruitment process.

Challenge to Clause 12.2 of the 2019 Procedure.

Held:

The court considers the introduction of negative marking in the 2019 Procedure and the potential impact on candidates who took the screening test under the 2010 Rules.( Para 12)

The court cites precedents to establish the principle that the norms existing at the start of the selection process govern the selection, unless new rules have retrospective effect.( Para 13)

The court discusses the anomaly that would arise if the next segment of the selection is conducted under the 2019 Procedure, considering the differences in marking systems.( Para 14)

The court highlights Clause 12.2 of the 2019 Procedure, emphasizing the continuation of ongoing processes under the 2010 Rules.( Para 15)

The court emphasizes the need for a fair selection process, taking into account the candidates' lawful expectations and constitutional mandates.( Para 16)

The court addresses the potential confusion and unfairness if candidates are evaluated under both the 2010 Rules and the 2019 Procedure.( Para 17)

The court concludes that the recruitment process initiated in 2018 should be finalized under the 2010 Rules, setting aside the direction for the application of the 2019 Procedure.( Para 18)

Facts:

The respondent terminated a contract with the appellant due to the supply of a second-hand product. Arbitration proceedings commenced, during which the respondent blacklisted the appellant for two years. The appellant filed applications u/s. 17 and u/s. 16 before the arbitrator, with subsequent dismissal of the latter. The arbitrator imposed a condition on the ban pending final arbitration proceedings.

Issues:

The jurisdiction of the High Court under Art. 227 in matters decided under the Arbitration and Conciliation Act, 1996.

The appellant challenged the ban through various legal avenues, and the High Court entertained an Art. 227 petition.

Held:

The Arbitration Act is a self-contained code with a policy of speedy dispute resolution, minimizing judicial intervention. The statutory provisions emphasize time limits for arbitral proceedings and Section 34 references. The non-obstante clause in Section 5 restricts judicial intervention in matters under Part I of the Arbitration Act. The High Court must exercise caution in Art. 227 petitions, intervening only in orders lacking inherent jurisdiction.

The High Court erred in revisiting the same matter as the arbitrator in the Section 16 application. General interference in disputes between parties contradicts Art. 227's limited correction of jurisdictional errors. Legislative policy favors alternative remedies and restricts revision against interlocutory orders. The High Court's jurisdictional error led to an incorrect judgment that cannot be sustained.

Decision: The High Court's judgment is set aside. The legislative policy and statutory scheme of the Arbitration Act must be adhered to, and interference should be limited to orders lacking inherent jurisdiction.

Facts:

The appellant, Jaiprakash, filed appeals against the judgment of the High Court acquitting the respondents-accused (Nos. 1, 2, and 4) of charges under Sections 302 and 120B of the IPC.

The case involved the murder of Ravi Prakash, the brother of the appellant, in which the accused were alleged to have shot him with firearms.

Issues:

The prosecution claimed a motive based on previous enmity between the appellant's family and one of the accused, Bhupendra Yadav.

The witnesses, Jai Prakash (PW-1) and Ajay Kumar (PW-3), provided an account of the incident, while the High Court raised doubts about their credibility.

Held:

The High Court, in its decision dated 16.11.2018, set aside the trial court's conviction, citing several inconsistencies in the prosecution's case. The court expressed doubts about the credibility of the witnesses and the naturalness of the occurrence. The motive attributed to the accused was deemed questionable, and the court emphasized the lack of recovery of weapons and cartridges at the crime scene. The High Court concluded that the accused deserved the benefit of doubt and acquitted them.

The judgment, the court highlighted the inconsistencies between PW-1 and PW-3 regarding the presence of a scuffle during the incident. It observed that such inconsistencies raised serious doubts about the prosecution's case.( para. 20)

The court addressed lapses in the investigation, including the non-recovery of "empties" and "bursts" from the scene of occurrence. It emphasized that the omissions of the Investigating Officer did not favor the accused, but the non-recovery of crucial evidence cast doubt on the actual place of occurrence.( para. 22)

Facts:

The appeal relates to the appointment of the Appellant to the post of Lecturer in English in Sri Jagadaguru Annadaneshwari High School at Mundaragi, Gadag District of the State of Karnataka. The fifth Respondent challenged the appointment, claiming seniority and entitlement to the post.

Issues:

The interpretation of the reservation rules concerning a solitary post of Lecturer in English, specifically whether a single post in a particular discipline can be treated as a separate cadre for the purpose of reservation.

Held:

The Court held that the decision in K Govindappa (2009) 1 SCC 1, which dealt with the reservation in the context of the cadre, is applicable to the current case.

The principle enunciated is that reservation cannot be applied to a solitary post, and there must be a plurality of posts within a cadre for the Rule of reservation to be valid under Article 16(4) of the Constitution.

The circular of the State of Karnataka dated 31 May 1991, emphasizing unit-wise roster maintenance, was deemed irrelevant to override the binding effect of previous court decisions.

The Court directed the State of Karnataka to consider afresh the request for the creation of an additional post or a supernumerary post within two months, considering the impending superannuation of the fifth Respondent.

No recovery shall be made from the Appellant for the period she worked as a Lecturer in English.

The fifth Respondent's pay shall be fixed notionally, and she shall be considered for promotion expeditiously within one month.

Facts:

Odisha Forest Development Corporation (OFDC Ltd.) initiated a tender process for the sale of Kendu leaves.

Private respondent, successful bidder, failed to deposit the additional security amount within the stipulated timeframe.

OFDC Ltd. terminated the agreement and proceeded to re-tender the Kendu leaves.

Private respondents filed writ petitions challenging the termination and sought interim orders.

Issues:

Validity of the termination of the agreement by OFDC Ltd.

Forfeiture of the security deposit and additional security amount.

Legality of the High Court's direction to refund the deposit made by private respondents.

Held:

The Court emphasized that the deposit ordered by the High Court should be considered as conditional, protecting the interests of OFDC Ltd.

The Court acknowledged the right of OFDC Ltd. to determine the loss suffered and recover it in accordance with the agreement.

The Court directed OFDC Ltd. to issue notices to private respondents, allowing them to compute and justify the loss caused by the delay in the re-tender process.

The Court set aside the unconditional refund direction and allowed OFDC Ltd. to retain the deposit until the completion of the recovery process.

The adjustment of the deposit would be based on the speaking order to be passed by OFDC Ltd. after considering the loss and would be subject to legal challenges.

Facts:

Dispute arose between M/S. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITED (Appellant) and NORTHERN COAL FIELD LIMITED (Respondent).

Agreement dated 21.12.2010 contained an arbitration clause.

Legal Notice issued by Appellant on 29.05.2013 demanding payment.

Notice of Arbitration sent on 09.03.2016, no response from Respondent.

Application filed under Section 11 on 20.09.2016, Respondent raised limitation as a ground to oppose the appointment of arbitrator.

Issues:

Whether the High Court was justified in rejecting the application filed under Section 11 on the ground of limitation?

Held:

The Court held that, post the 2015 Amendment Act, the scope of the High Court's jurisdiction under Section 11 is limited to examining the existence of the arbitration agreement. The doctrine of Kompetenz-Kompetenz empowers the arbitrator to rule on its own jurisdiction. The exception to this rule is when the arbitration agreement is impeached as being procured by fraud or deception. In this case, the issue of limitation, being a jurisdictional issue, is required to be decided by the arbitrator under Section 16, not by the High Court at the pre-reference stage under Section 11. The Court set aside the High Court's judgment and directed the issue of limitation to be decided by the arbitral tribunal.

Facts:

The case involves a dispute between Century Rayon Limited (Appellant) and IVP Limited (First Respondent) regarding the construction of electricity transmission towers on the land owned by the First Respondent. The appellant had sought permission from the authorities, but the first respondent filed a suit for permanent injunction, claiming that the construction was done without prior approval.

Issues:

Validity of the construction of electricity transmission towers without prior approval.

Dispute over the ownership and use of the land.

Whether the interim injunction order should be continued.

Held:

The court acknowledges lapses on the part of the involved parties but emphasizes that the balance of convenience does not justify the continuation of the interim injunction order in favor of the first respondent.( Para 6)

Refers to the Power Grid Corporation case, highlighting the imperative need for unobstructed access for laying down electricity transmission lines in the larger public interest. Mentions relevant sections of the Telegraph Act, emphasizing the power of the telegraph authority and the obligation to pay compensation for any damage caused.( Para 7)

Addresses the argument that the electricity transmission line is for the benefit of the appellant and not the public at large. The court emphasizes the policy decision of the government and the public benefit aspect.( Para 8)

Mentions the failed attempts to settle the matter and the commercial aspect of the dispute, leaving the issue of monetary compensation open.( Para 9)

Sets aside the impugned order and the injunction order, subject to the appellant making an ad hoc payment of Rs. 20,00,000/- to the first respondent. Allows the continuation and completion of the work on the condition of payment. The payment is subject to the outcome of the civil suit or proceedings under the Telegraph Act for quantifying compensation.( Para 10)

The appeal is allowed.( Para 11)

Facts:

The case involves the interpretation and application of provisions related to arbitration, specifically Sections 34 to 36 of the Arbitration and Conciliation Act, 1996. The matter also delves into the constitutional validity of the amendments introduced by the 2019 Amendment Act, particularly Section 87, and the relevance of the Insolvency and Bankruptcy Code, 2016.

Issues:

The interpretation of Sections 34 to 36 of the Arbitration and Conciliation Act, 1996, with a focus on the automatic stay of awards.

The impact of the 2019 Amendment Act on the judgment in the BCCI case.

The constitutional validity of Section 87, including its removal of Section 26 of the 2015 Amendment Act.

The application and interpretation of Section 3(7) of the Insolvency and Bankruptcy Code, 2016, concerning the term 'Corporate person.'

Held:

Interpretation of Sections 34 to 36: The Court clarified that Section 36 does not automatically stay an arbitral award during the pendency of a challenge under Section 34. The purpose of Section 36 is to enforce a final and binding award under the CPC once the challenge period has expired or the application has been refused.( Paragraphs: 13, 22, 25-27, 30)

Removal of the Basis of the BCCI Judgment: The Court rejected arguments that the 2019 Amendment Act removes the basis of the BCCI judgment. It emphasized the need to examine the substance of the amendment, regardless of its mention in the Statement of Objects and Reasons.(Paragraphs: 41, 45, 46)

Constitutional Validity of Section 87: The Court held that the introduction of Section 87 and the deletion of Section 26 of the 2015 Amendment Act were manifestly arbitrary. It found the amendments contrary to the objectives of the 2015 Amendment Act and the Arbitration Act, 1996.(Paragraphs: 47-49, 50, 51)

Interpretation of 'Corporate person' under the Insolvency Code: The Court rejected suggestions to modify the definition of 'Corporate person' under Section 3(7) of the Insolvency Code. It clarified that entities like NHAI, performing governmental functions, cannot be subjected to insolvency proceedings. (Paragraphs: 57, 58, 59, 63, 65)