Case Law

Application of High Court under section 11 for appointment of liquidator, whether can be dismissed on ground of limitation…[M/s. Uttarakhand Purv Sainikkalyan Nigam Ltd. V. Northern Coal Field Ltd.]

Section 11, read with section 16 of the Arbitration and Conciliation Act,1996- Appointment of arbitrators- Appellant entered into agreement with respondent company to provide security service- Said agreement contained arbitration clause…

May 23, 2020

Availability of only solitary post in a particular department, whether can be given on reservation basis… [R.R. Inamdar V. State of Karnataka & Ors]

Service matters- promotion on basis of reservation- Appellant’s case was that it could not have been appointed to solitary post of Lecturer in English Department on the basis of reservation and that fifth respondent who was senior to appellant, had been offered said post…

May 23, 2020

Right to strike/ boycotting of courts, whether a fundamental right under article 19(1)(a)…[District Bar Association, Dehradun V. Ishwar Shandilya & Ors.]

Article 19 of the Constitution of India- Protection of certain rights regarding freedom of speech- Advocates i.e. members of petitioner-association had been boycotting the courts on all Saturdays for more than 35 years -As said strike was seriously obstructing the access to justice to needy litigants, respondent no.1 filed a writ petition before the High Court….

May 23, 2020

Deduction of Development Cost from compensation received under Land Acquisition Act, reasonableness of… [Sajan V. State of Maharashtra and Ors.]

Section 4 of the Land Acquisition Act,1984-Publication of preliminary notification and powers of officers there upon- Appellant’s land was acquired for purpose of construction of dam – Appellant was awarded compensation for said acquisition of land

May 23, 2020

Power available to Magistrate to review his order passes under section 125 CrPc, scope of…. [Sanjeev Kapoor V. Chandana Kapoor & Ors.]

Section 125, read with section 482 of the Code of Criminal Procedure,1973- Appellant was married to respondent no.1- Subsequently, on account of matrimonial disputes between parties, the respondent no.1 filed a petition for divorce…

May 23, 2020

Confessional statement made by co-accused under section 15 of TADA Act, scope of… [Raja @ Ayyappan Vs. State of Tamil Nadu]

Section 15 of the TADA Act – Confession recorded would be admissible in the trial of a co-accused if he was tried together with the accused who made the confession – Appellant along with other co-accused formed an illegal organisation- They also entered into a conspiracy to blast the State Government building…

May 10, 2020

Conviction of appellant under section 302 on basis of confession allegedly obtained by force, consequences of… [Md. Younus Ali Tarafdar V. State of West Bengal]

Section 302, read with section 34 of the Indian Penal code,1860- Murder- Appellant and deceased were good friends- Deceased’s brother alleged that on the day of incident, he had told him that he was going to meet the appellant- Deceased’s brother allegedly gave his wrist watch to him at that time…

May 10, 2020

Initial appointment on post of Deputy Collector on ad hoc basis, Computation of period of seniority…[Vinod Giri Goswami & Ors. V. State of Uttarakhand & Ors.]

Service matters- Respondents were initially appointed as Naib Tehsildar and thereafter promoted and confirmed as Tehsildars – Respondent filed a writ petition contending that even though they were initially appointed on ad hoc basis…

May 10, 2020

Claim of retiral benefits on ground that resignation from services be treated as Voluntary retirement,whether justified… [Rajasthan State Road Transport Corporation Ltd. & Ors. V. Smt. Mohani Devi & Anr.]

Service matters- Respondents claimed retiral benefits of her late husband who was appointed on post of bus conductor by appellants- Benefits were claimed on basis that her husband should be deemed to have voluntary retired from service instead of having resigned…

May 10, 2020

Availability of retiral benefits to employees of Super Court Legal Services Committee, Computation of…[Brahma Singh and Ors. V. Union of India and Ors.]

Service Matters – Supreme Court Legal Services Committee Rules 2000- Petitioners were serving and retired employees of Supreme Court Legal Services Committees in various capacities- They Claimed that entire service rendered by them should be treated as qualifying services for purpose of fixing retiral benefits…

May 10, 2020

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