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Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed. Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed. Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Grant of bail — Twin conditions under Section 37(1)(b)(ii) must be considered — High Court ignored twin conditions while granting bail in a case involving commercial quantity of narcotics — Impugned order granting bail cannot be sustained.

Arbitration and Conciliation Act, 1996 – Sections 16 and 37 – Arbitration agreement – Counter claim – Jurisdiction-Arbitrator might reject the counter claim for CENVAT invoices as not arbitrable and the counter claim beyond the scope of reference to arbitration – But to reject the counter claim at the threshold on the ground that the Arbitrator has no jurisdiction would not be proper

SUPREME COURT OF INDIA FULL BENCH BHARAT PETROLEUM CORPORATION LIMITED — Appellant Vs. GO AIRLINES (INDIA) LIMITED — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…

Delhi Electricity Reforms Act, 2000 and the Electricity Act, 2003. National Green Tribunal Act, 2010 – we are of the opinion that the direction issued by the Tribunal on 11.09.2019 shall be implemented and sewerage charges shall be introduced by the Government of NCT of Delhi as directed by the Tribunal.

SUPREME COURT OF INDIA DIVISION BENCH TATA POWER DELHI DISTRIBUTION LTD. NDPL HOUSE — Appellant Vs. MANOJ MISRA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…

U.P. Protection of Trees in Rural and Hills Areas Act, 1976.- Forest (Conservation) Act, 1980 -The provisions of the Forest Conservation Act are not applicable to Khasra No.605. We are in agreement with the findings recorded by the Tribunal that the land falling in Khasra No.605 is banjar or barren land and the provisions of the Forest Conservation Act is not applicable.

SUPREME COURT OF INDIA DIVISION BENCH CHANDRA PRAKASH BUDAKOTI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Maharashtra Regional and Town Planning Act, 1966 – Held we have no hesitation in setting aside the order of the High Court in part and also set aside the finding recorded by the High Court that no deeming permission accrued under Regulation 6(4) of Development Control Regulations, 1991. In our opinion, deemed permission accrued, and concerning the determination of refuge area as per order dated 31.8.2016 passed by the Municipal Commissioner, no interference is called for

SUPREME COURT OF INDIA DIVISION BENCH SHREE RAM URBAN INFRASTRUCTURE LTD AND ANOTHER — Appellant Vs. STATE OF MAHARASHTRA AND OTHER — Respondent ( Before : Arun Mishra and Vineet…

Penal Code, 1860 (IPC) – Sections 34, 201, 302, 120B and 364 – Criminal Procedure Code, 1973 (CrPC) – Sections 161 and 313 – Evidence Act, 1872 – Sections 10, 65-B(4) and 106 – Murder – Common intention – Merely observing that it has been proven that A-1 and A-5 were complicit in a conspiracy to murder the deceased is insufficient to conclude the existence of such a conspiracy.

SUPREME COURT OF INDIA DIVISION BENCH RAJENDER @ RAJESH @ RAJU — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Land Acquisition Act, 1894 – Sections 4, 5A and 6, 17(1) – De­notification- the land acquisition could not be said to be illegal in any manner. There is no room for making indulgence to quash the land acquisition proceedings.

SUPREME COURT OF INDIA DIVISION BENCH JAGJIWAN COOP. GROUP HOUSING SOCIETY LTD. AND OTHERS — Appellant Vs. LT. GOVERNOR, NCT OF DELHI AND OTHERS — Respondent ( Before : Arun…

Mumbai Municipal Corporation Act, 1888 – Sections 337, 342, 347, 351, 351(2), 351(1A) and 351(ii) – Re-construction of building – When municipal corporation demolishes a structure in exercise of powers vested in it but in violation of the procedure prescribed, the High Court CANNOT  direct the ‘owner/occupier’ of the building to reconstruct the demolished structure

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS — Appellant Vs. M/S SUNBEAM HIGH TECH DEVELOPERS PRIVATE LTD. — Respondent ( Before : Deepak Gupta…

Hindu Succession Act, 1956 – Section 15 – Suit for specific performance of an agreement of sale – When a person concerned knew the right position relating to the title in property in his possession, he could not plead that he was induced to hold an erroneous belief because of the conduct of real owner of that property

SUPREME COURT OF INDIA DIVISION BENCH SIRDAR K.B. RAMACHANDRA RAJ URS. (DEAD) THROUGH LRS. — Appellant Vs. SARAH C. URS AND OTHERS — Respondent ( Before : Arun Mishra and…

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