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Service law

K. SAMBA MOORTHY versus SANJIV CHADHA & ORS.

On the facts the disciplinary enquiry was vitiated for bias not attributable to the appellant; the Single Judge quashed the proceedings and granted consequential benefits; the employer did not press the appeal on that factual premise nor seek a fresh enquiry, therefore the appellant was entitled to the benefit of the promotion from 28.07.2001 with all monetary benefits (with interest), and mere payment of the reduced-pay arrear of Rs.19,446/- did not constitute full compliance.

Source excerpt

  • Benefit of promotion
  • Monetary benefits
  • Consequential benefits
  • Reduction of pay
  • Restoration of pay
  • Notional promotion
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Adverse possession

NEELAM GUPTA & ORS. versus RAJENDRA KUMAR GUPTA & ANR.

The registered sale deed dated 04.06.1968 conveyed ownership to the plaintiff; the appellants failed to prove adverse possession for the prescriptive period and their evidence showed only permissive possession (adhiyadar), so the suit was not barred by limitation under Article 65 and the High Court correctly decreed recovery of possession for the plaintiff; sale deeds were not void for minority or benami on the facts.

Source excerpt

  • Joint hindu family property
  • Bhumiswami rights
  • Animus possidendi
  • Permissive possession
  • Prescriptive period
  • Sale deed
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Electricity law

NABHA POWER LIMITED versus PUNJAB STATE POWER CORPORATION LIMITED

The petition before the State Electricity Regulatory Commission was not maintainable to the extent it sought to reopen matters finally adjudicated by this Court; the liberty to raise future disputes was limited to issues arising after 09.03.2021 and could not be used to unsettle the effect of the main judgment dated 05.10.2017 or to seek refund of amounts paid under this Court's orders. The impugned order of 06.04.2022 maintaining the petition was set aside and the appeals were allowed with quantified costs awarded to the appellants.

Source excerpt

  • Power purchase agreement
  • Gross calorific value (gcv)
  • Coal washing charges and rejects
  • Interpretation of commercial contracts
  • Costs
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Arbitration

FUTURE COUPONS PRIVATE LIMITED & ORS. versus AMAZON.COM NV INVESTMENT HOLDINGS LLC & ORS.

The High Court orders dated 02.02.2021 and 18.03.2021 (OMP (ENF)(Comm) No.17 of 2021) and the order dated 29.10.2021 (Arb. A (Comm.) No.64 and 63 of 2021) were set aside because the appellants were not afforded sufficient opportunity in breach of natural justice and because the pre-condition of proved wilful disobedience required for contempt/punitive directions under Order XXXIX Rule 2-A CPC was not satisfied; punitive directions in the impugned orders were set aside and the matters were remitted to the High Court for fresh consideration uninfluenced by earlier observations.

Source excerpt

  • Emergency arbitrator
  • Enforcement under section 17(2) arbitration and conciliation act, 1996
  • Order xxxix rule 2-a cpc
  • Natural justice
  • Vacature/vacating award under siac rules
  • Appealability under section 37 of the arbitration act
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Contempt

HAMPSHIRE HOTELS AND RESORTS (NOIDA) PVT. LTD versus RITU MAHESHWARI, CHIEF EXECUTIVE OFFICER, NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA)

The Court modified the previously suggested 'Second Option' and directed that NOIDA may resume and sell the concerned plots by e-bid/auction with a guaranteed base price of Rs.1,05,000 per sq. metre; petitioners who opt for resale are entitled to refund of amounts paid towards premium (subject to adjustment for any shortfall relative to Rs.1,05,000 per sq. metre), proportionate refund of one-time lease rent for the remainder period (without interest), and interest at 7% p.a. on amounts deposited towards premium calculated up to 30.04.2021; refund of stamp duty is left to the State Government;…

Source excerpt

  • Lease allotment
  • Resumption and auction
  • Refund of deposits
  • Interest on deposits
  • Stamp duty
  • Public interest
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Insolvency and bankruptcy

P. MOHANRAJ & ORS. versus M/S. SHAH BROTHERS ISPAT PVT. LTD.

Section 138/141 proceedings against a corporate debtor are covered by the moratorium declared under Section 14(1)(a) of the IBC because the expression "proceedings" is wide, includes quasi-criminal proceedings relating to transactions evidencing debt, and must be interpreted in light of Section 14's object to preserve corporate assets; however, the moratorium applies to the corporate debtor alone and does not prevent continuation or initiation of proceedings against natural persons (directors/persons in management) under Section 141, who remain statutorily liable.

Source excerpt

  • Moratorium
  • Section 14 ibc
  • Sections 138 and 141 ni act
  • Section 32a ibc
  • Noscitur a sociis
  • Ejusdem generis
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Contempt

DR. VIJAY MALLYA versus STATE BANK OF INDIA AND ORS.

Although the Court erred in observing that no reply had been filed, the reply dated 30.01.2017 did not contradict the banks' core contentions (the oral undertaking before the DRT and the High Court orders) nor did it offer an explanation negating contempt; therefore there was no "error apparent on record" warranting interference in review jurisdiction, and the review petitions were dismissed while directing respondent No.3 to appear for hearing on proposed punishment.

Source excerpt

  • Review jurisdiction
  • Contempt for non-disclosure of assets
  • Compliance with high court orders
  • Procedure for filing replies
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Child welfare

G H DSG versus AKG

The Supreme Court affirmed the Family Court order granting custody to the father and specified visitation rights to the mother because three counsellors' reports and the Court's own interaction with the child showed the child (over 12 years) was articulate and unequivocal in her desire to reside with her father, she denied the allegations of sexual abuse by the father, and the mother's observed symptoms of Paranoid Schizophrenia required assessment and treatment such that keeping custody with the father was in the child's welfare; therefore the interim custody orders were to be upheld.

Source excerpt

  • Custody of minor
  • Visitation rights
  • Parens patriae jurisdiction
  • Child's preference in custody
  • Mental illness of parent
  • Counsellor reports
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Contempt

BADRI VISHAL PANDEY AND ORS. versus RAJESH MITTAL AND ORS.

The SLPs were disposed of on the basis of the office order dated 07.04.2015 which contemplates only preferential re-engagement of retrenched employees as and when vacancies arise and in order of seniority; there was no specific or categorical direction by this Court for reinstatement or grant of regular pay/regular appointment to the petitioners, and therefore contempt cannot be invoked for non-reinstatement absent wilful disobedience; petitioners appointed on muster roll cannot claim regular appointment against Group D posts without meeting eligibility and recruitment norms.

Source excerpt

  • Reinstatement
  • Retrenchment
  • Muster roll/daily wages
  • Preference for re-employment
  • U.p. industrial disputes act, 1947 - section 6q
  • Regularization
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Criminal law

SANJIV RAJENDRA BHATT versus UNION OF INDIA & ORS.

No case is made out for transfer of investigation to SIT or CBI; petitioner failed to come with clean hands, suppressed material facts, and conduct does not inspire confidence. Allegations of criminal conspiracy or criminal contempt are not substantiated. Investigations already conducted, chargesheet filed, and proper procedures followed by competent agencies. No extraordinary circumstances warrant intervention by the Supreme Court.

Source excerpt

  • Transfer of investigation
  • Criminal contempt
  • Clean hands doctrine
  • Sit investigation
  • Information technology act
  • False affidavit
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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