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SUPREME COURT OF INDIA

Year of decision: 2021
Details

Motor Vehicles Act, 1988, Section 173 -- Constitution of Appellate Tribunal - In order to curtail pendency before High Courts and for speedy disposal of appeals concerning payment of compensation to victims of road accident, it would be just and proper to consider constituting `Motor Vehicle Appellate Tribunals' by amending S.173 of the Act so that appeals challenging..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Service -- Promotion - Seniority list - Challenge as to - Seniority list not prepared on basis of merit but on basis of receipt of three separate select lists one after the other though there was one selection for three streams - As per Rules applicable there shall be one list for one selection of direct recruits - Creating three separate lists for one selection is..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Constitution of India, 1950, Article 32, University Grants Commission Act, 1956, Section 26(1)(e), 26(1)(g) -- UGC Regulations, 2018 - Writ of quo warranto - Appointment of respondent as Vice Chancellor of University - Appointment is contrary to UGC Regulations, 2018 as respondent has been appointed by a search committee not constituted as per UGC Regulations, 2018 - Also..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Constitution of India, 1950, Article 14 -- Cancellation of tender process - Challenge as to - Plea that no opportunity of hearing granted by authority - Allegations of irregularities in tender process - Tender process cancelled because of the possibility of larger profits - When a contract is being evaluated, the mere possibility of more money in the public coffers, does..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Service -- Compassionate appointment - Second application filed after 18 years of death of deceased employee - Once it is proved that in spite of death of breadwinner, family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of interest of several others ignoring the mandate of Art.14 of Constitution...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 11 -- Res Judicata - It is contended that reliefs sought in petition overlap with reliefs sought by petitioners in earlier petition which was dismissed by a three-judge Bench of Supreme Court - Orders dismissing writ petitions in limine will not constitute res judicata - Summary dismissal of earlier petition u/art.32 of Constitution does..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

CBI (Crime) Manual, 2005 -- Para 23.21 - Conversion of preliminary enquiry into regular case - Additional Director CBI recommended conversion of preliminary enquiry into a regular case against certain named officials and persons - Difference of opinion between the Director of CBI and Director of Prosecution CBI, matter was to be referred to the Attorney General - There is..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Real Estate (Regulation and Development) Act, 2016, Section 43(5) -- Appeal - Pre-deposit of awarded amount - Constitutional validity of - It is the intention of the Legislation that such obligation is necessary to ensure that money once determined by the Authority is to be safeguarded - Condition of pre-deposit imposed on promoters which is due to allottees by the..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Rent and eviction -- Lease - Statutory Corporation continuing with the occupation of premises without paying rent from 31.12.2009 - It is unbecoming of a statutory corporation, which is a State within the meaning of Article 12 of the Constitution of India - Respondent directed to vacate the premises and handover peaceful and vacant possession to the appellant - Respondent..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Employees State Insurance (General) Regulations,1950 -- Regul.31-A - Contribution - Interest on contribution due - Waiver of interest - No material is brought on record to show better medical facilities were provided by appellant to its employees - It is thus, not a fit case to exercise power u/art 142 of Constitution to waive interest...........

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