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A dispute resolution clause lacking clear intent to arbitrate, an independent adjudicator, and an adversarial process is not a valid arbitration agreement under Indian law. Valid State legislation under List II prevails over Central legislation under List I; MPID Act overrides SARFAESI/RDB Act for attached properties. MPID Act prevails over IBC for properties attached pre-moratorium. Section 12A of the Commercial Courts Act, 2015 is mandatory; non-compliance necessitates plaint rejection for suits filed post 20.08.2022, while pre-existing suits without urgent relief may be referred to mediation. CERC’s Section 79(1) regulatory powers allow addressing consequences of delay not covered by Section 178 regulations or contracts; such orders are appealable under Section 111, not typically High Court writ. Dismissal of writ petitions by High Court despite alternative remedy is warranted when set exceptions are not met. Ex post facto environmental clearance is illegal and contrary to environmental jurisprudence, violating fundamental rights and statutory mandate for prior approval.

A dispute resolution clause lacking clear intent to arbitrate, an independent adjudicator, and an adversarial process is not a valid arbitration agreement under Indian law.

May 18, 2025 sclaw

Valid State legislation under List II prevails over Central legislation under List I; MPID Act overrides SARFAESI/RDB Act for attached properties. MPID Act prevails over IBC for properties attached pre-moratorium.

May 18, 2025 sclaw

A dispute resolution clause lacking clear intent to arbitrate, an independent adjudicator, and an adversarial process is not a valid arbitration agreement under Indian law.

May 18, 2025 sclaw

Valid State legislation under List II prevails over Central legislation under List I; MPID Act overrides SARFAESI/RDB Act for attached properties. MPID Act prevails over IBC for properties attached pre-moratorium.

May 18, 2025 sclaw

Commercial Courts Act

Section 12A of the Commercial Courts Act, 2015 is mandatory; non-compliance necessitates plaint rejection for suits filed post 20.08.2022, while pre-existing suits without urgent relief may be referred to mediation.

May 18, 2025 sclaw

Electricity Act

CERC’s Section 79(1) regulatory powers allow addressing consequences of delay not covered by Section 178 regulations or contracts; such orders are appealable under Section 111, not typically High Court writ. Dismissal of writ petitions by High Court despite alternative remedy is warranted when set exceptions are not met.

May 18, 2025 sclaw

Constitution Environment

Ex post facto environmental clearance is illegal and contrary to environmental jurisprudence, violating fundamental rights and statutory mandate for prior approval.

May 18, 2025 sclaw

A dispute resolution clause lacking clear intent to arbitrate, an independent adjudicator, and an adversarial process is not a valid arbitration agreement under Indian law.

A dispute resolution clause lacking clear intent to arbitrate, an independent adjudicator, and an adversarial process is not a valid arbitration agreement under Indian law.

Valid State legislation under List II prevails over Central legislation under List I; MPID Act overrides SARFAESI/RDB Act for attached properties. MPID Act prevails over IBC for properties attached pre-moratorium.

Valid State legislation under List II prevails over Central legislation under List I; MPID Act overrides SARFAESI/RDB Act for attached properties. MPID Act prevails over IBC for properties attached pre-moratorium.

Section 12A of the Commercial Courts Act, 2015 is mandatory; non-compliance necessitates plaint rejection for suits filed post 20.08.2022, while pre-existing suits without urgent relief may be referred to mediation.

Commercial Courts Act

Section 12A of the Commercial Courts Act, 2015 is mandatory; non-compliance necessitates plaint rejection for suits filed post 20.08.2022, while pre-existing suits without urgent relief may be referred to mediation.

CERC’s Section 79(1) regulatory powers allow addressing consequences of delay not covered by Section 178 regulations or contracts; such orders are appealable under Section 111, not typically High Court writ. Dismissal of writ petitions by High Court despite alternative remedy is warranted when set exceptions are not met.

Electricity Act

CERC’s Section 79(1) regulatory powers allow addressing consequences of delay not covered by Section 178 regulations or contracts; such orders are appealable under Section 111, not typically High Court writ. Dismissal of writ petitions by High Court despite alternative remedy is warranted when set exceptions are not met.

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

A dispute resolution clause lacking clear intent to arbitrate, an independent adjudicator, and an adversarial process is not a valid arbitration agreement under Indian law.

A dispute resolution clause lacking clear intent to arbitrate, an independent adjudicator, and an adversarial process is not a valid arbitration agreement under Indian law.

Valid State legislation under List II prevails over Central legislation under List I; MPID Act overrides SARFAESI/RDB Act for attached properties. MPID Act prevails over IBC for properties attached pre-moratorium.

Valid State legislation under List II prevails over Central legislation under List I; MPID Act overrides SARFAESI/RDB Act for attached properties. MPID Act prevails over IBC for properties attached pre-moratorium.

Section 12A of the Commercial Courts Act, 2015 is mandatory; non-compliance necessitates plaint rejection for suits filed post 20.08.2022, while pre-existing suits without urgent relief may be referred to mediation.

Commercial Courts Act

Section 12A of the Commercial Courts Act, 2015 is mandatory; non-compliance necessitates plaint rejection for suits filed post 20.08.2022, while pre-existing suits without urgent relief may be referred to mediation.

CERC’s Section 79(1) regulatory powers allow addressing consequences of delay not covered by Section 178 regulations or contracts; such orders are appealable under Section 111, not typically High Court writ. Dismissal of writ petitions by High Court despite alternative remedy is warranted when set exceptions are not met.

Electricity Act

CERC’s Section 79(1) regulatory powers allow addressing consequences of delay not covered by Section 178 regulations or contracts; such orders are appealable under Section 111, not typically High Court writ. Dismissal of writ petitions by High Court despite alternative remedy is warranted when set exceptions are not met.

Payment of Wages Act, 1936 – Sections 15 nd 16 – Constitution of India, 1950 – Articles 226 and 227 – Tribunal powers to issue writ – Wrong interpretation by lower Tribunal.

Jun 25, 2017 sclaw

AIR 1961 SC 970 : (1961) 2 FLR 205 : (1961) 1 LLJ 1 : (1961) 3 SCR 220 SUPREME COURT OF INDIA SHRI AMBICA MILLS CO. LTD. —…

Motor Vehicles Act, 1939 – Section 95(2)(b) – Statutory liability of insurer – Scope of – The insured vehicle allowed to carry six passenger, the maximum liability of insurer is at the rate of Rs. 2,000/- per passenger subject to total liability of Rs. 20,000/-. Motor Vehicles Act, 1939 – Section 110-B – Compensation – Considerations for determination of – Necessity to balance loss of future pecuniary benefit which could have accrued to the claimant – Decision partly on conjectures – Permissibility.

Jun 25, 2017 sclaw

(1971) ACJ 206 : AIR 1971 SC 1624 : (1971) 1 SCC 785 : (1971) SCR 20 Supp : (1971) 3 UJ 489 SUPREME COURT OF INDIA SHEIKHUPURA TRANSPORT…

Will & Succession

Interpretation of deeds – Release deed – Scope of – Principle for construction of instrument relinquishing the property – Effect of wide language employed in the instrument. It is a well settled rule of interpretation of deeds of release that however wide and general the covenant of release may be, its operation must be restricted to the rights which are in the contemplation or in controversy between the parties and would not cover or comprehend rights which are never in the minds of the parties at that time.

Jun 25, 2017 sclaw

AIR 1975 SC 895 : (1976) 1 SCC 299 : (1975) 7 UJ 303 SUPREME COURT OF INDIA RAJAGOPAL PILLAI AND ANOTHER — Appellant Vs. PAKKIAM AMMAL AND OTHERS…

Constitution of India, 1950 – Articles 252, 168, 250 – Urban Land (Ceiling and Regulation) Act, 1976 – Section 2(h) – A.P. (Telangana Area) District Municipalities Act, 1956 – Section 244(1)(c)(iii) – The primary object and the purpose of the Urban Land (Ceiling and Regulation) Act, 1976, as the long title and the preamble show, is to provide for the imposition of a ceiling on vacant land in urban agglomerations,

Jun 25, 2017 sclaw

AIR 1979 SC 1415 : (1979) 3 SCC 324 : (1979) 3 SCR 802 SUPREME COURT OF INDIA UNION OF INDIA (UOI) AND OTHERS — Appellant Vs. VALLURI BASAVAIAH…

Delhi Rent Control Act, 1958 – Section 14(1)(b) – Subletting, assignment or parting with possession of the premises within the meaning of S. 14(1)(b).

Jun 25, 2017 sclaw

AIR 1986 SC 1564 : (1986) 1 SCALE 989 : (1986) 3 SCC 62 : (1986) 2 UJ 498 SUPREME COURT OF INDIA MADRAS BANGALORE TRANSPORT CO. (WEST) —…

Criminal Procedure Code, 1973 (CrPC) – Sections 156(3), 200 and 202 – Investigation and cognizance of criminal case – Police Officer directed by Magistrate to proceed further without examining merits of claim that there is sufficient grounds for proceeding or not

Jun 24, 2017 sclaw

(2010) CriLJ 4457 : (2010) 7 JT 534 : (2010) 7 SCALE 665 : (2010) 8 SCC 206 : (2010) 9 SCR 278 : (2010) 8 UJ 3869 :…

Preventive Detention

Constitution of India – Article 22(5) – Right to Information Act, 2005 – Sections 3 and 8 – Preventive detention – Notwithstanding provisions of R.T.I. Act, 2005, State is not under any obligation to provide grounds of detention to detenu prior to his arrest and detention

Jun 24, 2017 sclaw

AIR 2012 SC 3370 : (2012) CriLJ 3848 : (2012) 281 ELT 641 : (2012) 6 JT 314 : (2012) 6 SCALE 367 : (2012) 7 SCC 533 :…

Criminal Procedure Code, 1973 (CrPC) — Section 43, 313, 354(3) — Penal Code, 1860 (IPC) — Section 302, 307, 436 —Conviction and sentence — Whether the death sentence awarded to the Appellant is excessive, disproportionate on the facts and circumstances of the case, i.e. whether the present case can be termed to be a ‘rarest of the rare case’ —

Jun 24, 2017 sclaw

AIR 2014 SC 2486 : (2014) AIRSCW 3905 : (2014) 7 JT 552 : (2014) 8 SCALE 113 : (2014) 7 AD 615 : AIR 2014 SC 2486 :…

Criminal Procedure Code, 1973 (CrPC) – Section 245(3) (as applicable to West Bengal) – Discharge – Ground of delay in trial – Entitlement – Accused not entitled to discharge as ground of delay in trial which is caused due to his own wrong.

Jun 24, 2017 sclaw

(1996) 4 AD 80 : AIR 1996 SC 2158 : (1996) CriLJ 2885 : (1996) 2 Crimes 133 : (1996) 2 CTC 507 : (1996) 5 JT 537 :…

Civil Procedure Code, 1908 (CPC) – Order 1, Rule 10 – Impleading Necessary Parties – Where the question related to interest chargeable on the loan advanced by the Bank and rate of interest was being decided on the basis of circulars issued by Reserve Bank of India – In such circumstances RBI allowed to be impleaded as a party.

Jun 24, 2017 sclaw

(1998) 6 AD 371 : AIR 1998 SC 3000 : (1998) 94 CompCas 569 : (1998) 2 CTC 381 : (1998) 5 JT 655 : (1998) 4 SCALE 651…

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A dispute resolution clause lacking clear intent to arbitrate, an independent adjudicator, and an adversarial process is not a valid arbitration agreement under Indian law.

May 18, 2025 sclaw

Valid State legislation under List II prevails over Central legislation under List I; MPID Act overrides SARFAESI/RDB Act for attached properties. MPID Act prevails over IBC for properties attached pre-moratorium.

May 18, 2025 sclaw

Commercial Courts Act

Section 12A of the Commercial Courts Act, 2015 is mandatory; non-compliance necessitates plaint rejection for suits filed post 20.08.2022, while pre-existing suits without urgent relief may be referred to mediation.

May 18, 2025 sclaw

Electricity Act

CERC’s Section 79(1) regulatory powers allow addressing consequences of delay not covered by Section 178 regulations or contracts; such orders are appealable under Section 111, not typically High Court writ. Dismissal of writ petitions by High Court despite alternative remedy is warranted when set exceptions are not met.

May 18, 2025 sclaw