Punjab Security of Land Tenures Act, 1953 – Sections 14A and 25 – Jurisdiction of Civil Court — Expression “validity of the decision or the Order” in Section 25 of the Act, would not include a case where, despite a dispute projected, that there was no landlord-tenant relationship, the Authority decides the said issue in the course of the Order of Eviction, under Section 14A, after brushing aside the tenant’s objection relating to his position, viz., that he is not a tenant. In such a situation, the validity is tied-up with the fundamental aspect of absence of power of the Authority to decide on the question of landlord-tenant relationship.
SUPREME COURT OF INDIA DIVISION BENCH ASSA SINGH (D) BY LRS. — Appellant Vs. SHANTI PARSHAD(D) BY LRS. AND OTHERS — Respondent ( Before : K.M Joseph and S. Ravindra…
Service Code does not stipulate any time period within which the appeal may be preferred to the Board of Directors whose decision is to be final, but it is well settled that no time does not mean any time – Challenge to the order of dismissal from service by way of appeal was after four years and five months, which is certainly highly belated and beyond justifiable time – Without satisfactory explanation justifying the delay, it is difficult to hold that the appeal was preferred within a reasonable time – Order of dismissal uphold.
SUPREME COURT OF INDIA DIVISION BENCH THE CHAIRMAN, STATE BANK OF INDIA AND ANOTHER — Appellant Vs. M.J. JAMES — Respondent ( Before : L. Nageswara Rao and Sanjiv Khanna,…
Fixing notional income at Rs.15,000/- per annum for non-earning members is not just and reasonable, Schedule-II is not yet amended – It appropriate to take notional income of the deceased at Rs.25,000/- (Rupees twenty five thousand only) per annum. Accordingly, when the notional income is multiplied with applicable multiplier ’15’, as prescribed in Schedule-II for the claims under Section 163-A of the Motor Vehicles Act 1988
SUPREME COURT OF INDIA DIVISION BENCH KURVAN ANSARI ALIAS KURVAN ALI AND ANOTHER — Appellant Vs. SHYAM KISHORE MURMU AND ANOTHER — Respondent ( Before : R. Subhash Reddy and…
Mr. Dinkar Gupta was appointed as Director General of Punjab Police – HELD when a person takes a chance and participates, thereafter he cannot, because the result is unpalatable, turn around to contend that the process was unfair or the selection committee was not properly constituted. In case where the petitioner had appeared at an open interview, as the Appellant too had taken a calculated chance in spite of the stakes, that too without protest, and then has belatedly raised the plea of bias and prejudice only when he was not recommended.
SUPREME COURT OF INDIA FULL BENCH MOHD. MUSTAFA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R. Gavai, JJ.…
Qualifications/conditions for selection to the post of Anganwadi Sevika – Clause 3(E) – Appointment – Post of Anganwadi Sevika – No distinction can be drawn between a married daughter and unmarried daughter for the purpose of considering the eligibility as per the guidelines
SUPREME COURT OF INDIA DIVISION BENCH KUMARI REKHA BHARATI — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…
Service Law – Promotion – Requirement of passing of SAS Part II examination for the promotion from the post of Superintendent (D/A) to the post of AAO (Assistant Accounts Officers) only and consequently shall not be applicable for promotion to the post of AO (Accounts Officers)
SUPREME COURT OF INDIA DIVISION BENCH RAMESH KUMAR AND OTHERS ETC. — Appellant Vs. STATE OF HIMACHAL PRADESH AND OTHERS ETC. — Respondent ( Before : M.R. Shah and Sanjiv…
Held, Merely having an explicit clause may not be sufficient to make time the essence of the contract – As the contract was spread over a long tenure, the intention of the parties to provide for extensions surely reinforces the fact that timely performance was necessary – Contractual clauses having extension procedure and imposition of liquidated damages, are good indicators that ‘time was not the essence of the contract’
SUPREME COURT OF INDIA DIVISION BENCH WELSPUN SPECIALTY SOLUTIONS LIMITED (FORMERLY KNOWN AS REMI METALS GUJARAT LIMITED) — Appellant Vs. OIL AND NATURAL GAS CORPORATION LIMITED — Respondent ( Before…
Service Law – Appointment – There cannot be appointment of two persons on one sanctioned post – There will be financial burden on the State of two persons on one sanctioned post.
SUPREME COURT OF INDIA DIVISION BENCH WAHAB UDDIN AND OTHERS — Appellant Vs. KM. MEENAKSHI GAHLOT AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…
Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Arbitration Appeal – Jurisdiction of High Court – Jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the High Court under Section 37 of the 1996 Act arising from the disposal of a petition challenging an arbitral award under Section 34 of the 1996 Act
SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED AND ANOTHER — Appellant Vs. M/S RAMESH KUMAR AND COMPANY AND OTHERS — Respondent ( Before : Dr.…
Consumer Protection Act, 1986 – Repudiation of claim – When the appellant was aware of the earlier insurance policy obtained from IFFCO-TOKIO by the respondent, there was no reason for not asking for such hydrology data of the previous year – As such, it cannot be said that there was non-disclosure of hydrology data or any fraud from the side of the respondent, as is projected by the appellant so as to repudiate the claim – There was no non-disclosure or fraud, as pleaded by the appellant to repudiate the claim – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH THE ORIENTAL INSURANCE CO. LIMITED — Appellant Vs. MALANA POWER COMPANY LIMITED — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…