Issue for Consideration Whether in light of the judgment of this Court in the case of Jaiveer Singh & Ors. v. The State of Uttarakhand & Ors. and the order of this Court in the case of Viswanath v. The State of Uttarakhand & Ors. the impugned judgment and order of the High Court is Headnotes† Right of Children to Free and Compulsory Education Act, 2009 – s.23 – NCTE (Recognition, Norms and Procedure) Regulations, 2014 – A notification dated 29.09.2022 was issued by the WBBPE for the recruitment of qualified trained candidates to the posts of
Issue for Consideration The issue involved relates to the appointments to the post of assistant teachers in primary schools in the State of West Bengal. Headnotes† West Bengal School Teachers Recruitment Rules, 2016 – r.6(2) as amended on 22.12.2020 – Interpretation – Late in Elementary Education examination (D.El.Ed.), the minimum qualification for post of Primary Teacher, delaying the normal conclusion of the 2022 batch by 30.06.2022 – Appellants apprehending that they could cross the age bar if they did not participate in the upcoming recruitment
Issue for Consideration Issue arose whether a suit for specific performance of an agreement to sell is liable to be decreed if the buyer had accepted the refund of the majority of the earnest money deposit/advance consideration, during the pendency of the suit. Headnotes† Specific – Acceptance by buyer of refund of consideration amount – Effect on relief of specific performance – Unregistered agreement to sell executed between the buyer-respondent no. 1 and the seller – Buyer paid certain sum in cash and issued three post-dated cheques
Issue for Consideration Issue arose whether the term imprisonment for a term “not less than 10 years” in clause (i) of the proviso (a) to s.167(2) Cr.P.C would include an offence where the punishment of 14 years of imprisonment is prescribed, but no minimum period of imprisonment is Procedure, 1973 – s.167(2) – Procedure when investigation cannot be completed in twenty-four hours – Statutory bail – Grant of – Bail applications filed by the respondent-accused against whom case registered u/ss.3, 4 and 5 of the Official Secrets Act and s.120-B
Issue for Consideration Whether the Appellants, landowners of Village Dharuhera, Haryana, whose lands were acquired under the Land Acquisition Act, 1894, by a notification dated 12.12.2008 are entitled to compensation at a higher rate—on par with the compensation awarded lands in adjoining villages, acquired under a later notification dated 13.05.2010, where the compensation was enhanced vide judgments in BESCO and M/s Habitat Estates. Headnotes† Land Acquisition Act, 1894 (LA Act) – Land acquired for development and utilization of institutional
Issue for Consideration Whether the benefit of extension of retirement age for the physically disabled category could be confined to persons with visual impairment as provided in the OM dated 29.03.2013 or it should be available to persons suffering from all such disabilities in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the Rights of Persons with Disabilities Act, 2016; whether such extension could be withdrawn as was done by the OM dated 04.11.2019. If yes, then what would be its effect on the
Issue for Consideration The appellant-Bank dismissed the respondent from the services. Whether the respondent was entitled to receive the terminal benefits for the period of service he had rendered. Headnotes† Industrial Disputes Act, 1947 – Industrial Disputes (Central) Rules, 1957 Clause 19.5(c) – UCO Bank (Employees’) Pension Regulations, 1995 – Respondent was serving as a Clerk in the appellant Bank – Respondent was dismissed from the services on the charges of indulging in riotous, disorderly and indecent behaviour within the premises of the Bank
2237 : 2025 INSC 437 State of West Bengal v. Baishakhi Bhattacharyya (Chatterjee) and Others (Civil Appeal No. 4800 of 2025) 03 April 2025 [Sanjiv Khanna,* CJI and Sanjay Kumar, J.] Issue for Consideration The issues before the Hon’ble Supreme Court were: I. Whether the recruitment process irregularities and fraud. II. Whether the decision of the Hon’ble High Court to annul the entire selection is justifiable or whether only tainted appointments should be invalidated, preserving untainted selections. Headnotes† Constitution of India, Arts.14 & 16 –
Issue for Consideration Matter pertains to the applicability of s.12 of the Limitation Act to proceedings u/s.34 of the Arbitration and Conciliation Act, 1996; and whether the application filed by the respondent u/s.34 was barred Act, 1996 – s.34 – Limitation Act, 1963 – s.12 – Limitation period for filing an application to set aside an arbitral award – Applicability of s.12 of the 1963 Act to s. 34 proceedings – On facts, arbitral award in favour of the appellant signed and
Issue for Consideration Matter pertains to the correctness of the order passed by the High Court dismissing writ petitions by the appellants challenging the order passed by the District Judge quashing the order of the Estate Officer raising demand against – ss.3, 18, 52 – Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – ss.7(1), 7(3), 9 – Limitation period – Effect of acknowledgement in writing – License fee revised for the land allotted to the respondents by issuance of Notification –
Issue for Consideration Whether the contractual clause that bars the appellant/contractor from claiming any interest on any payment, arrears or balance due to it amounts to an express bar on the arbitrator’s power to grant pendente lite interest as per the law under Headnotes† Arbitration Act, 1940 – Appellant was awarded a works contract by the respondent – A Clause 22 of the agreement barred the appellant from claiming interest on any payment or arrears or balance due to him – Disputes arose between the parties –
Issue for Consideration Whether the High Court erred in setting aside the concurrent findings of guilt and the consequent conviction of the respondent no.2-accused under Section 138, Negotiable Instruments Act, 1881. Headnotes† – ss.138, 139 – Onus u/s.138 not on the complainant to initially lead evidence to show that he had the financial capacity for advancing loan to the accused, unless a case is set up in the reply to the statutory notice sent – On facts, the appellant advanced loan to the
Issue for Consideration Whether the order passed by the High Court upholding the conviction and sentence imposed on the accused u/s.302/34 and ss.323 and 324 rw s.34 IPC justified. Headnotes† Penal Code, 1860 – ss.302, 323, 324, 34 – Murder – Ocular evidence – regarding the ownership of the place of worship – Accused persons-appellants armed with deadly weapons came to the house of the victim-grandfather, questioned them resulting in a scuffle which lead to the death of the victim and injuries to grandchildren – Appellants convicted
Issue for Consideration Whether the respondent ought to be considered for the appointment to the post of Lower Division Clerk-LDC or any other suitable or supernumerary post, as directed by Appointment to the post of LDC – Respondent was denied appointment to the post of LDC despite being placed higher in the seniority list – High Court directed respondent’s appointment to the post of LDC or any other suitable or supernumerary post – Correctness: Held:
Issue for Consideration Whether the High Court rightly set aside the orders passed by the State directing registration of the appellant-society. Headnotes† Maharashtra Co-operative Societies Act, 1960 – ss.4, 6 – Societies which may Conditions of registration– Appellant-society applied for registration of proposed society as a new Primary Agricultural Credits Co-operative Society – Scrutiny Committee rejected the application mainly on the ground of unsubstantiated financial viability of the appellant –
Issue for Consideration Whether the appellant who did not hold a current Lascar’s licence but was the holder of a Syrang’s licence (superior to Lascar’s licence) could have been considered qualified to participate in the recruitment process for the post of “Boat as “Boat Lascar”. Headnotes† Special Rules of 1975 for the Kerala State Water Transport Subordinate Service (Operating Wing) – r.6 – Appellant who did not hold a current Lascar’s licence, as required, but was the holder of a Syrang’s licence
Issue for Consideration Issue arose as to whether the appellant-trust which is engaged in charitable and also commercial activities can be exempted under section 32 of the Payment of Bonus Act, 1965 and thus, not liable to pay any bonus to its workmen. Headnotes† Payment of ss.10, 11, 32 – Factories Act, 1948 – Industrial Disputes Act, 1947 – Appellant-trust was doing charitable activities and it was also engaged in industrial activities of commercial nature – Workmen employed by appellant-trust largely comprise of workers cured of
Issue for Consideration Whether the High Court erred in declining to interfere in the order terminating the service of the appellant. Headnotes† Service Law – Termination from service – When not justified – Appellant-Clerk was terminated from service alleging that the Deputy Director, Human Resources Development Department (DDHRD) and was illegal; and that the appellant had forged the appointment order – Termination upheld by High Court – Interference with: Held: Order of termination is untenable on fact and record – The reasoning that the
Issue for Consideration Whether the High Court was correct in remanding the matter back to the trial court, when trial court had allowed the application of the defendants/appellants u/Or.7 r.11 CPC, and dismissed the suit for partition filed by the plaintiffs in 2023, holding that the suit did cause of action and was barred by limitation. Headnotes† Code of Civil Procedure, 1908 – Or.7 r.11 – Return of plaint – Limitation – Plaintiffs-respondents, grandchildren of the original owner filed suit for partition in 2023 seeking partition of the ancestral joint
Issue for Consideration In the instant case, the Single Judge of the High Court directed that the investigation be handed over to CBI. Whether the order of the Single Judge of the High Court is sustainable. Headnotes† Code of Criminal Procedure, 1973 – s.482 – The appellant was registered u/ss.120B, 177, 406, 420, 467, 468, 471, 506 of IPC – The complainant then filed a petition u/s.482 of the CrPC and sought transfer of investigation from the civil police of the State of Haryana to the CBI – The said petition was allowed by the High Court –