Esheria India Case Law
Sign in
India Source-linked decisions Coverage checked

India Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter India case law

Results update automatically as you type.

India decisions

Decisions matching the current search

Clear filters
Arbitration

J&K ECONOMIC RECONSTRUCTION AGENCY versus RASH BUILDERS INDIA PRIVATE LIMITED

Where the parties expressly designated Srinagar as the seat of arbitration and the surrounding circumstances (contracts executed in Jammu & Kashmir, works to be carried out in the State, initiation of proceedings and appointment of arbitrator in Srinagar) anchor the arbitration to Srinagar, courts at Srinagar alone have supervisory jurisdiction; convenience-based venue or conduct of hearings or signing of the award at New Delhi does not alter the juridical seat fixed by agreement and cannot confer jurisdiction on courts at New Delhi.

Source excerpt

  • Seat of arbitration
  • Venue of arbitration
  • Supervisory jurisdiction of courts
  • Party autonomy
  • Closest and most intimate connection test
  • Shashoua principle
Read case analysis
Environmental law

CONFEDERATION OF REAL ESTATE DEVELOPERS ASSOCIATION OF INDIA (CREDAI) versus UNION OF INDIA & OTHERS

The Schedule to the EIA 2006 Notification, read literally, does not make the General Conditions applicable to Items 8(a) (Building and Construction Projects) and 8(b) (Township and Area Development Projects) because Column 5 does not express such applicability; accordingly the Notification S.O. 523(E) dated 29.01.2025 (excluding Note 1 to Entry 8(a)) and the OM dated 30.01.2025 are upheld, Note 1 to Entry 8(a) is quashed, and the NGT order dated 09.08.2024 (which treated Items 8(a)/8(b) as subject to General Conditions and directed central appraisal) does not survive for consideration

Source excerpt

  • Environmental impact assessment (eia) notification 2006
  • Applicability of general conditions to items 8(a) and 8(b)
  • Category a/b appraisal and central vs state appraisal
  • Ngt jurisdiction and remedies
  • Sustainable development and environmental clearance
Read case analysis
Constitutional law

IN RE: MEPUNG TADAR BAGE, MEMBER, ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION versus

After a fact-finding inquiry under the Court's powers, the evidence did not attribute any specific act or omission constituting misbehaviour to Ms. Mepung Tadar Bage; the Inquiry Committee's report did not personally indict her, the criminal investigation did not name her, and the charges were vague or related to collective/institutional issues; accordingly the reference is answered that the charges are not proved and do not amount to misbehaviour warranting removal, and her suspension should be revoked with consequential benefits.

Source excerpt

  • Article 317
  • Misbehaviour of public service commission member
  • Removal and suspension
  • Question paper leakage
  • Inquiry procedure under order xliii
  • Collective vs individual responsibility
Read case analysis
Property law

TAMIL NADU HOUSING BOARD, REP. BY ITS MANAGING DIRECTOR AND ORS. versus S. GANESAN

The respondent's prolonged defaults, lackadaisical and indifferent conduct in complying with payment and judicial orders, coupled with the Board's duty as custodian of public property and resulting loss to the public exchequer, justified interfering with the High Court's direction to execute the sale deed; the respondent's right to make payment pursuant to that order stands conclusively closed, he must vacate within four months, and in default the Board may dislodge him and recover the specified balance with interest and re-auction the plot.

Source excerpt

  • Public property
  • Auction
  • Allotment cancellation
  • Re-auction
  • Possession
  • Payment defaults
Read case analysis
Service law

UNION OF INDIA & ORS. versus N.M. RAUT & ORS.

Prior financial upgradations granted under the CCS (Revised Pay) Rules, including non-functional upgradations granted on completion of two or four years of service, must be taken into account and treated as financial upgradations for the purpose of reckoning entitlement and intervals under the MACPS; an incumbent cannot simultaneously claim the benefits of a time-bound/in-situ promotion scheme and MACPS, and therefore the High Court judgments allowing MACPS benefits without accounting for such prior upgradations were set aside; limited directions on recoveries and prospective re-determination…

Source excerpt

  • Modified assured career progression scheme, 2008
  • Assured career progression scheme, 1999
  • Financial upgradation
  • Non-functional upgradation
  • Central civil services (revised pay) rules, 2008
  • Interpretation and implementation of macps
Read case analysis
Demolition of property

IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES versus

The executive may not, merely because a person is accused (or even convicted), demolish his or her residential or commercial property without following the due process prescribed by law; such demolitions that are punitive, arbitrary or discriminatory violate the rule of law, separation of powers and Article 21 (right to life and shelter). The Court therefore issued binding pan-India procedural directions under Article 142 to ensure notice, personal hearing, reasoned final orders, limited implementation periods, opportunity for appellate/judicial scrutiny, video-recording of demolition, and ac…

Source excerpt

  • Right to shelter
  • Article 21
  • Rule of law
  • Separation of powers
  • Public trust and accountability
  • Due process
Read case analysis
Constitutional law

IN RE: MANOJ TIBREWAL AKASH versus ABC

Demolition carried out without prior written notice, without disclosure of the extent of encroachment or road width, and beyond the area of any established encroachment was unlawful; State authorities must follow specified procedural safeguards (ascertain road width from records, survey/demarcate, issue written notice, decide objections by a speaking order, give reasonable notice, and acquire land lawfully if required) before removing encroachments in road widening projects; affected person entitled to interim punitive compensation and State officials to be investigated and proceeded against…

Source excerpt

  • Road widening
  • Illegal demolition
  • Encroachment removal
  • Procedural safeguards
  • Compensation
  • Punitive damages
Read case analysis
Constitutional law

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI versus UNION OF INDIA & ORS.

The Court determined that substantial questions of law concerning the scope of Parliament's power under Article 239-AA(7) and whether Parliament can abrogate the constitutional principles of governance for NCTD require adjudication by a Constitution Bench; accordingly these questions were referred to a Constitution Bench. The Court also held that the settled position is that Parliament may enact a law granting the Union executive power over services, but the validity of the exercise of that power in the present Ordinance must be examined by the Constitution Bench. The interim application for…

Source excerpt

  • Article 239-aa interpretation
  • Parliamentary lawmaking power
  • Executive power over services
  • Ordinance validity
  • Distribution of powers between union and nctd
  • Seventh schedule entry 41
Read case analysis
Electricity law

GMR WARORA ENERGY LIMITED versus CENTRAL ELECTRICITY REGULATORY COMMISSION (CERC) & ORS.

The Supreme Court held that the PPA definition of 'Law' covers statutory instruments, notifications, circulars and orders of governmental instrumentalities and regulatory commissions; consequently increases or introductions after the cut-off date of Busy Season Surcharge, Development Surcharge, Port Congestion Surcharge (Railways), MoEF notifications on coal quality, changes in NCDP, Forest Tax (Chhattisgarh notification), Add-on premium, and EFC (CIL circular) qualify as 'Change in Law' events entitling generators to restitutionary compensation. The Court upheld awards of carrying cost and c…

Source excerpt

  • Change in law
  • Carrying cost
  • Power purchase agreements (ppa)
  • New coal distribution policy (ncdp)
  • Evacuation facility charges (efc)
  • Busy season surcharge
Read case analysis
Land acquisition

HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (HSIIDC) & OTHERS versus M/S HONEYWELL INTERNATIONAL (INDIA) PVT. LTD.

For writ petitions in which the acquisition under the Land Acquisition Act, 1894 was also challenged before the High Court (filed prior to the Act, 2013), the High Court's declarations of deemed lapse under Section 24(2) of the Act, 2013 are quashed and set aside and the matters are remitted to the High Court to decide the main writ petitions afresh on merits except on the applicability of Section 24(2); whereas in writ petitions filed only for relief under Section 24(2) of the Act, 2013 after the Act came into force, the High Court's grants of deemed lapse are unsustainable (per Indore Devel…

Source excerpt

  • Section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013
  • Deemed lapse of acquisition
  • Challenge to acquisition under the land acquisition act, 1894
  • Remand to high court to decide writ petitions on merits
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.