Facts:

The case involves a contempt petition alleging deliberate violation by the respondents of a Supreme Court judgment regarding the promotion process for Assistant Engineers in the Government of Pondicherry. The petitioners argued that the respondents had distorted the promotion process, denying eligible and senior candidates an opportunity to compete for promotion.

Issues:

Whether there was a deliberate violation of the Supreme Court's judgment in the promotion process for Assistant Engineers in the Government of Pondicherry.

Whether the method adopted by the government for preparing the list of eligible candidates for promotion was fair and in compliance with the Court's previous directions.

Held:

The Court found that while there were flaws in the method adopted by the government for preparing the list of eligible candidates, there was no deliberate or contumacious breach of the Court's directions. The error seemed to have occurred due to an erroneous perception on the part of the government and the review DPC that their method was legally sound. Therefore, no punitive action was taken against the respondents. The Court directed the respondent-state to redo the promotion exercise in accordance with the Court's previous directions, while expecting them to be more careful and circumspect in the future.

Facts:

The case involves land acquisition proceedings initiated in 1966 for certain survey numbers including Survey Nos. 215 and 222 of Village Kapra under the Land Acquisition Act, 1894. Portions of the land were denotified by the government in 1972. A public interest litigation (PIL) was filed in the High Court, resulting in directions concerning the lands in question. The appellants challenged these directions.

Issues:

Validity of the High Court's directions concerning specific survey numbers.

Ownership of the land and the applicability of relevant provisions of the Land Acquisition Act.

Bona fides of the PIL and the parties involved.

Proper procedures followed in the land acquisition process.

Applicability of Section 11-A of the Land Acquisition Act.

Held:

The Court found several issues that needed examination, including the bona fides of the PIL, ownership of the land, validity of notifications and procedures under the Land Acquisition Act, and the applicability of Section 11-A of the Act. The High Court's directions regarding certain survey numbers were set aside, and the case was remitted back to the High Court for fresh disposal.

The appellants were to be impleaded as parties and given an opportunity to be heard. The Supreme Court clarified that it had not expressed any final opinion on the issues raised, but provided guidance for the High Court's scrutiny.

Facts:The case revolves around the interpretation of the Hindu Succession (Amendment) Act, 2005, specifically concerning the rights of daughters in coparcenary properties.

Issues:

The retrospective operation of the amendment, the applicability of rights to daughters of coparceners, the interpretation of proviso and explanation clauses, and the prospective operation of the amendment.

Held:

The Amendment Act, as per Section 6(1), confers rights on daughters of coparceners from its commencement, without retrospective effect. The plain language of the statute leaves no room for a different interpretation.

The contention that the Amendment should be read retrospectively due to being a piece of social legislation is dismissed. Even social legislation cannot have retrospective effect unless expressly provided by the legislature. In this case, the legislature expressly made the Amendment applicable from its commencement.

The proviso and explanation clauses are to be read harmoniously with the main provisions of the Amendment Act. They do not affect the intention of the main provision but aim to exclude transactions prior to December 20, 2004.

Interpretation of statutes should aim to discover the legislature's intention and advance the statute's object. In this context, the main provision of the Amendment Act is not intended to be affected by the proviso and explanation clauses.

Decision: The rights conferred by the Hindu Succession (Amendment) Act, 2005, regarding daughters' rights in coparcenary properties, apply prospectively from the commencement of the amendment and do not affect transactions prior to December 20, 2004.

Facts:

The Orissa Public Service Commission (OPSC) had issued an advertisement for a Competitive Examination (1974-1975) for recruitment, including reserved vacancies for SC/ST candidates. Due to an insufficient number of SC/ST candidates recommended by OPSC, the State Government filled the remaining vacancies on an ad hoc basis, appointing candidates sponsored by the Employment Exchange and selected by a Selection Committee. Later, the appointments were regularized by government resolutions. Disputes arose regarding the seniority of these appointees vis-a-vis OPSC-selected candidates.

Issues:

Validity of the method of appointment of SC/ST candidates.

Locus standi of OPSC-selected candidates to challenge the appointments of SC/ST candidates.

Determination of seniority between the two groups of candidates.

Held:

The method of appointment of SC/ST candidates via sponsorship by the Employment Exchange and selection by a Selection Committee was held to be valid under Section 9(4) of the Orissa Reservation of Vacancies in Posts and Services (For S.C. & S.T.) Act, 1975. This method provided a legitimate alternative to recruitment through the OPSC competitive examination, considering the inadequate number of SC/ST candidates recommended by OPSC. The regularization of appointments by government resolutions was found to be within the legal framework.

The court upheld the impugned judgment, dismissing the appeals challenging the appointment method and seniority determination. However, no costs were awarded.

Facts:

The case involves a property ownership dispute dating back to 1966.

Legal battles for possession and damages ensued between the parties involved.

Mesne profits were awarded at different rates by various courts during the litigation process.

Issues:

The main issue revolves around the interpretation of a Supreme Court order dated 21.04.2009.

Specifically, whether the applicant's right to claim mesne profits, already awarded by lower courts, was affected by the order.

Held:

The court clarified that the applicant's right to claim mesne profits, as awarded by lower courts, remained intact and was not affected by the order of 21.04.2009. It emphasized that only issues directly related to the subject matter of the case could be given up by a party. Since the claim for the awarded mesne profits was not the subject matter of the dispute before the court, it could not be considered as given up. Therefore, the court allowed the applicant's application for clarification and directed the executing court to proceed with the execution application for recovery of the awarded mesne profits.

Facts:

The case involves a dispute where a named arbitrator resigned, leading to the necessity of appointing a substitute arbitrator. The arbitration agreement did not explicitly bar the appointment of a substitute arbitrator upon the resignation of the named arbitrator.

Issues:

Whether Section 15(2) of the Arbitration and Conciliation Act, 1996 applies when the named arbitrator resigns, necessitating the appointment of a substitute arbitrator.

Whether the arbitration agreement between the parties prohibits the appointment of a substitute arbitrator upon the resignation of the named arbitrator.

Held:

Under Section 8(1)(b) read with Section 8(2), if an arbitrator refuses to act, any party may serve written notice for a fresh appointment, and if not made within 15 days, the court steps in. However, Section 15(2) mandates the appointment of a substitute arbitrator when an arbitrator's mandate terminates.

The purpose of Section 15(2) is to ensure the continuity of the arbitration process. It applies unless the arbitration agreement expressly prohibits the appointment of a substitute arbitrator.

Courts have the authority to appoint substitute arbitrators to facilitate the arbitration process under Section 15(2), interpreting it liberally.

In the present case, the arbitration agreement did not prohibit the appointment of a substitute arbitrator upon the resignation of the named arbitrator. Therefore, the Bombay High Court correctly appointed a substitute arbitrator.

Decision: The appeal is dismissed, affirming the appointment of a substitute arbitrator by the Bombay High Court.

Facts:

The State of Gujarat (Appellant) and Kothari and Associates (Respondent) were parties to a contract for providing lining to the main canal line. The Respondent claimed repeated delays in site handover by the Appellant, leading to inability to complete the work within the stipulated time. The contract period was extended multiple times, with the Respondent seeking compensation for delays, which the Appellant denied. The issue of limitation was raised by the Appellant, arguing that the suit was barred as it was filed after the prescribed period under the Limitation Act.

Issues:

Whether the suit filed by the Respondent is barred by limitation.

Interpretation of the limitation period under the Indian Contract Act and the Limitation Act, 1963.

Effect of extensions granted during the contract period on the computation of limitation.

Held:

The Court held that the suit filed by the Respondent was indeed barred by limitation. The limitation period began on each occasion when the Appellant failed to hand over the site, not at the termination of the contract or final payment. As the suit was filed well after the limitation period for each breach, it was deemed time-barred. The Court rejected the Respondent's arguments regarding the effect of payment, notice under Section 80 of the Code of Civil Procedure, and the exclusion of time for calculating the limitation period.

The Court set aside the lower court's decision and allowed the appeal, dismissing the suit. No costs were awarded.

Facts:

Veerendra Kumar Dubey, the appellant, was enrolled as an Operator in the corps of Artillery of the Indian Army.

Dubey received a show cause notice after accumulating four red ink entries for various offenses, leading to a proposed discharge under Army Rule 13(III)(v).

Despite Dubey's explanations for the red ink entries, the competent authority proceeded with his discharge without conducting any inquiry.

Issues:

Whether the discharge of Dubey followed the prescribed procedure under the Army Rules.

Whether the factors relevant to discharge, such as the nature of offenses and the individual's long service, were duly considered.

Whether the procedure prescribed for discharge is in accordance with the statutory provisions and constitutional principles.

Held:

The Court held that the discharge of Dubey did not follow the prescribed procedure under the Army Rules. The absence of an inquiry and failure to consider relevant factors rendered the discharge invalid.

The Court emphasized that discharge should not be ordered mechanically and must be preceded by an impartial inquiry and consideration of all relevant factors. The procedural safeguards provided by the government aimed to prevent arbitrary exercise of power and ensure fairness in the discharge process.

Consequently, the Court set aside Dubey's discharge order and directed that he be treated as if he had been in service until he qualified for pension. However, no back wages were awarded.

The Court also highlighted the importance of Article 14 of the Constitution in ensuring equality before the law. In the result this appeal succeeds and is hereby allowed.

Facts:

The appellants, farmers, mortgaged their agricultural property to a Co-Operative Bank for a loan.

After failing to repay the loan, arbitration proceedings were initiated, resulting in an ex-parte award in favor of the Bank.

A government notification offered to waive off interest if the principal amount was repaid by a certain date, which the appellants complied with.

Despite repayment, the sale of the mortgaged property was confirmed, leading to various legal challenges.

Issues:

Whether there was a miscarriage of justice in the confirmation of the auction sale.

Whether the auction purchaser was a bona fide purchaser.

Whether the High Court erred in its decision regarding the Minister's order.

Held:

The Court emphasized that a technical or pedantic approach should not be adopted when justice is at stake. Section 108 of the KCS Act empowers the State Government to intervene in cases of miscarriage of justice, which was evident here. The confirmation of the auction sale was illegal and contrary to a government notification, resulting in a deprivation of the appellants' right to livelihood guaranteed under Article 21 of the Constitution. The High Court erred in setting aside the Minister's order on technical grounds.

The auction purchaser was not a bona fide purchaser. The sale was conducted without providing the appellants an opportunity to present objections, and the confirmation happened after the loan amount was repaid.

Decision: The Court allowed the appeals, directing the auction purchaser to re-deliver possession of the property to the appellants and receive back the sale consideration amount from the Bank.

Failure to comply would result in coercive steps by the authorities.