Issue for Consideration Issue arose whether the Special Police Establishment-SPE as constituted u/s.2(1) of the Madhya Pradesh Special Police Establishment Act, 1947 for investigating offences specified by the State Government u/s.3 of the Act of 1947 entitled to exemption from Act of 2005 by virtue of s.24(4) thereof, on the ground that it is an ‘intelligence and security’ organisation; and whether the Notification dated 25.08.2011 provides for a matter beyond the parent legislation or whether it is intra vires s.24(4) of the Act of 2005. Headnotes†
Issue for Consideration Issue arose whether s.13(4) of the Uttar Pradesh Higher Education Services Commission Act, 1980 can be interpreted to permit fresh recommendation or change in place of posting of a waitlisted candidate, who has already been recommended for appointment elsewhere; and Uttar Pradesh Education Service Selection Commission Act, 2023, repealing the Old Act, the recommendation dated 13.12.2023 and consequential communications and placement order dated 12.01.2024 and 15.01.2025, issued in favour of the appellant can be sustained within the statutory scheme of the New
Issue for Consideration Issue arose whether the conviction and sentence imposed by the High Court on the appellant-President of the Gujarat High Court Advocates’ Association and senior advocate, under the Contempt of Courts Act calls for interference. Headnotes† Contempt of Courts ss.2(c), 20 – Contempt of Court – Appellant-President of the Gujarat High Court Advocates’ Association and senior advocate, in a live press conference made certain unwarranted and contentious allegations, including preferential treatment, and questioned the credibility of the
Issue for Consideration Whether the direction of closure of the appellant-units issued by the NGT is liable to be set aside; whether the judgment of Pahwa Plastics squarely applies to the facts of this case. Headnotes† Environment – Environmental Clearance – The appellants units of Formaldehyde, its different resins – The NGT directed closure of the appellants-units – The NGT held that formaldehyde manufacturing units cannot be allowed to operate without prior Environmental Clearance (EC) – Correctness: Held: The case in hand is not a one
Issue for Consideration Issue arose whether, upon death of the doctor during pendency of proceedings at appellate stage, the legal heirs can be impleaded and held liable for the alleged act of medical negligence of the deceased doctor, and if yes, then to Act, 1986 – ss.13(7), 2(b)(v) – Consumer Protection Act, 2019 – ss.38(12), 2(5)(vi) – Succession Act, 1925 – s.306 – Legal Representatives Suits Act, 1855 – Code of Civil Procedure, 1908 – Ord. 22, r.4 – Continuation of ‘right to
Issue for Consideration Whether the Appellants are entitled to the benefit of ss.3 and 4 of the Probation of Offenders Act, 1958, and if so, to what extent; whether the benefit of s.4 of the 1958 Act is available to an offender who has been sentenced only with payment of fine, and not imprisonment. Headnotes† Probation of Offenders Act, 1958 – ss.3, 4 – Power of court to release certain offenders after admonition or on probation of good conduct – Penal Code, 1860 – s.53 – Bharatiya Nyaya Sanhita (BNS), 2023 – s.4 – Benefit of
Issue for Consideration Whether, on a prima facie view, there exists an arbitration agreement between the parties and as such, whether the reference to arbitration u/s.11 by the High Court warrants interference by this Court. Headnotes† Arbitration – s.7 – Arbitration Agreement – General reference in the letter of intent to an arbitration clause contained in the tender documents does not have the effect of ‘incorporation’ of the arbitration clause contained therein in the contract – High Court on
Issue for Consideration Under Regulation 29 of UCO Bank (Employees’) Pension Regulations, 1995 (Pension Regulation), a notice of voluntary retirement if not refused within the prescribed period of three months or before the date as specified in the notice, whether such notice would be deemed issuance of show cause notice dated 11.11.2010 by the Appellant may fall within the purview of institution of the disciplinary proceedings and such proceedings be treated as pending in terms of Regulation 20(3)(i) & (ii) of the Service Regulation; whether further action taken by the Appellant
Issue for Consideration Whether the Sessions Court as well as the High Court erred in holding that the complaint as filed by the appellant u/s.138 of the N.I. Act was liable to be dismissed at the pre-trial stage on the ground that the cheque issued by the second respondent was not towards any Negotiable Instruments Act, 1881 – ss.138, 139 – Once the basic ingredients of s.138 are satisfied, the complaint cannot be dismissed at the pre-trial stage on the ground that the cheque issued was not towards a legally enforceable debt – Appellant’s case
Issue for Consideration Matter pertains to dismissal of police constable without conducting departmental inquiry, holding that it was not reasonably practicable to hold an inquiry. Headnotes† Constitution of India – Art.311(2) second proviso clause (b) – Dismissal, removal or in civil capacities under the Union or a State – Exercise of the power u/Art.311 – Registration of FIR against the appellant- constable posted in the Special Cell for the offence of robbery and thereafter arrested and taken in custody – While he was in custody the order of
Issue for Consideration Whether the arbitral award deserves to be set aside on the ground of lack of jurisdiction due to improper constitution of the arbitral tribunal or patent illegality. Headnotes† Arbitration and Conciliation Act, 1996 – ss.16, 34, 37, 4 Tribunal – Interpretation of arbitration clause – Waiver – The Appellant-MCGM had floated a tender and invited proposals – The stipulated duration for completion of the work under the Agreement was 72 months and the contract was designed to be implemented in stages
Issue for Consideration The present batch of appeals concerns the challenge to the power of the State Government to prescribe the essential qualifications different from the qualification prescribed by the Central Government u/r.49 of the Drug Rules, 1945 (Drug Rules) framed in exercise of the and 33N of the Drugs and Cosmetics Act, 1940 (D&C Act) for appointment to the post of Drug Inspector (DI), or Drug Control Officer (DCO). The following issues arose for consideration – (i) Whether on conferment of power under the Drugs and Cosmetics Act, 1940 to the Central Government to
Issue for Consideration Whether cognizance of the alleged offences u/ss.448 and 451, Companies Act, 2013 could have been taken on a private complaint in view of the statutory scheme of the Companies Act and if not, whether the criminal proceedings must be quashed in respect of those sections; if offences u/ss.448 and 451, Companies Act ought to be quashed, would the criminal proceedings also have to be quashed in respect of the offences under the IPC in light of the provisions as contained in s.436(2), Companies Act; whether continuation of the criminal proceedings would amount to abuse
Issue for Consideration Issue arose whether the order of preventive detention passed by the Magistrate and upheld by the High Court u/s.3(2) of the Telangana Prevention of Dangerous Activities Act, 1986 valid in law. Headnotes† Telangana Prevention of Dangerous Activities of Boot- Leggers, Immoral Traffic Offenders, [Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms
Issue for Consideration Whether a reserved category candidate who availed relaxation while qualifying Preliminary Examination, though secured more marks than cut-off of the General Category candidate in the Main Examination and Interview for personality test and secured place in the final merit candidate for cadre allocation against an unreserved vacancy. Headnotes† The Rules for a competitive examination to be held by the Union Public Service Commission in 2013 (Exam Rules, 2013) – rr.1, 13, 14(ii), 17(1) – Vacancies in the Indian Forest Service (IFS) –
Issue for Consideration Whether in absence of any provision in the Maharashtra State Warehousing Corporation (Staff) Service Regulations, 1992 for institution of departmental proceedings against a superannuated employee, the Corporation could have proceeded against the of the Maharashtra Civil Services (Pension) Rules, 1982. In case enquiry is instituted after retirement of appellant, whether the Corporation had the jurisdiction to continue such enquiry and impose punishment, withholding the retiral benefits and direct recovery. Headnotes†
Issue for Consideration Whether the Bihar Engineering Service Class-II Recruitment (Amendment) Rules, 2022 can be made applicable to the 2019 Advertisements after the written examination has been conducted and the provisional merit list has been published. Headnotes† Service Law Bihar Engineering Services Class - II Recruitment Rules, 2019 – The dispute in the present case is with respect to the retrospective application of an amendment to the Bihar Engineering Services Class – II Recruitment Rules, 2019, specifically the introduction of r.8(5), whereby