Reservation for OBCs – Validity of Reservation Provisions – Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 – Provision read down to mean reservation for OBCs may be up to 27% but must not exceed an aggregate of 50% of the total seats reserved for SCs/STs/OBCs together – Requirement for contemporaneous rigorous empirical inquiry into backwardness before reservation – Impugned notifications reserving seats for OBCs void as conditions not met [Paras 1-28].

Constitutional Law – Reservation in Local Bodies – SCs/STs/OBCs – Constitution Bench's dicta in K. Krishna Murthy v. Union of India – Reservation for OBCs must comply with the triple test: dedicated Commission for empirical inquiry, proportionate reservation, and overall ceiling of 50% [Paras 4-7, 12, 25].

Decision – Writ Petitions Partly Allowed – Held – Section 12(2)(c) to be read down – Notifications dated 27.07.2018 and 14.02.2020 quashed – State Election Commission to announce elections for vacated seats [Para 28].

Arbitration – Jurisdiction – Section 2(1)(f) Arbitration Act – International Commercial Arbitration – High Court's jurisdiction questioned – Transaction between parties had international flavour due to the respondents being US nationals and habitually resident there – High Court had no jurisdiction to appoint arbitrator – Appeal allowed [Paras 7-16].

Arbitration – Appointment of Arbitrator – Section 11(6) Arbitration Act – Arbitration becomes international commercial arbitration if one party is a foreign national or habitually resident in a foreign country – Matter to be filed under Section 11(6) read with Section 11(9) in the Supreme Court [Paras 16-17].

Decision – Appeal allowed – High Court's order set aside – Respondents to follow procedure under Section 11(6) read with Section 11(9) Arbitration Act [Paras 17-18].

Arbitration – Scope of Judicial Review – Sections 30 and 33 of Arbitration Act, 1940 – Courts do not sit in appeal over arbitral awards – Reappraisal of evidence not permissible – Arbitrator’s reasonable interpretation upheld if not perverse or based on a wrong proposition of law – Appeals dismissed [Paras 10-13].

Construction Contracts – Rebate and Escalation Charges – Conditional rebate – Arbitrator interpreted rebate as conditional based on documents and negotiations – Escalation charges awarded for delay attributable to appellant – Courts upheld Arbitrator’s interpretation – Appeals dismissed [Paras 16-18].

Costs – Costs imposed by forums below not interfered with – Appellant directed to pay pending amounts within six months [Paras 27-29].

Decision – Appeals dismissed – Appellant directed to pay pending amounts within six months [Para 29].

Criminal Law – Murder by Pouring Kerosene Oil – Dying Declaration – Victim suffered 90% burn injuries and was in a fit condition to make a dying declaration – Dying declaration recorded by Judicial Magistrate found reliable – Family members’ presence in the hospital not a ground to disbelieve the dying declaration – Conviction under Section 302 IPC upheld [Paras 1-17].

Judicial Review – Evidentiary Value – Dying Declaration – Dying declaration made before a Judicial Magistrate holds significant evidentiary value – Corroboration by other witnesses strengthens the case – No reason to disbelieve dying declaration absent evidence of tutoring or coercion [Paras 13-16].

Decision – Appeal Dismissed – Held – Conviction and sentence under Section 302 IPC affirmed – Appeal devoid of merit [Para 17].

Criminal Law – Murder by Gunshot – Circumstantial Evidence – Conviction of the accused based on the complete chain of circumstantial evidence leading to the irresistible conclusion of guilt – Motive established by evidence of the deceased's relationship with accused's wife – Recovery of weapon and forensic evidence supporting the prosecution’s case – Appeal dismissed [Paras 1-23].

Judicial Review – Evidentiary Value – Interested Witnesses – Testimony of interested witnesses (family members) admissible and credible if corroborated by other evidence – Concurrent findings by lower courts upheld – Evidence scrutinized under settled legal principles for circumstantial evidence [Paras 17, 19, 21].

Decision – Appeal Dismissed – Held – Conviction and sentence affirmed – Appellant may seek remission of sentence after serving 14 years as per state policy [Para 23].

Ex Parte Decree – Setting Aside – Provincial Small Cause Courts Act – Compliance with Proviso to Section 17 – Application under Order 9 Rule 13 to set aside ex parte decree cannot be granted automatically – Compliance with proviso to Section 17 is a precondition – Tenant failed to deposit entire decretal amount or give security at the time of application – Trial court's rejection of application upheld [Paras 1-23, 27-29].

Judicial Review – Approach of Courts – High Court's Hyper-Technical and Pedantic Approach – Trial court and revisional court did not adopt a hyper-technical or pedantic approach – High Court erred in setting aside their decisions – Compliance with legal provisions mandatory [Paras 53-55].

Decision – Appeals Allowed – Held – High Court's orders set aside – Trial court’s rejection of application under Order 9 Rule 13 upheld – Executing court directed to execute the decree within three months – Costs of Rs. 25,000 imposed on respondent [Para 56-58].

Insolvency and Bankruptcy – Section 9 Application – Limitation – Corporate Debtor's acknowledgement of arrears of salary within the limitation period – Date of the last acknowledgement (30.09.2014) to the date of filing the petition (27.07.2017) falls within three years – NCLT's admission of Section 9 application justified – Appeal allowed [Paras 1-10].

Acknowledge of Debt – Corporate Debtor's Liability – Managing Director's acknowledgment of arrears of salary – Liability recognized for the period of at least three years prior to the last acknowledgment – No dispute as to the amount owed – NCLT’s decision to admit Section 9 application affirmed [Paras 3, 6, 8-10].

Decision – Appeal Allowed – Held – NCLAT judgment set aside – NCLT judgment restored – No further hearing required on merits as NCLT's admission was correct [Para 10-11].

Recruitment Process – Public Employment – Systemic Fraud – Entire recruitment process for the post of Head Clerk (Grade II (DASS)) annulled due to systemic fraud and irregularities including mass cheating and impersonation – Decision to cancel the entire process upheld to preserve public confidence in recruitment processes – Cancellation causing hardship to a few not sufficient to nullify the decision [Paras 1-19, 26].

Judicial Review – Recruitment Cancellation – Scope and Principles – Court’s role to balance preserving public confidence and fairness to candidates – Extensive findings of systemic irregularities justified cancellation – Precedents support cancellation when entire process vitiated by fraud [Paras 26-33, 36-45].

Decision – Appeals Dismissed – Held – Notification cancelling the Tier-I and Tier-II examinations upheld – Entire recruitment process legitimately annulled due to pervasive irregularities [Para 45].

Arbitration – Limitation Period – Section 34(3) Arbitration and Conciliation Act 1996 – Period of limitation for filing objections commences from the date when the signed copy of the award is made available to the parties – Draft award not considered as starting point for limitation period – Appeal allowed and objections deemed filed within the limitation period [Paras 1-9].

Judicial Review – Dissenting Opinion – Relevance in Objections – Dissenting opinion of minority arbitrator considered relevant for judicial scrutiny under Section 34 – Dissent must be contemporaneous with final award – Signed copy delivery date crucial for limitation period [Paras 4-5, 6].

Decision – Appeal Allowed – Held – Limitation period to file objections starts from the date of receiving the signed copy of the award (19.05.2018) – Objections filed within the prescribed period – Orders of District Court and High Court set aside – Matter remanded to District Court for decision on merits [Para 8-9].