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The Court denied the electricity distribution company the depreciation cost for the Plant’s technical useful life, instead of the regulatory recovery period under the tariff framework.
“The present case does not involve a straightforward financial debt-fault scenario warranting initiation of CIRP. The facts disclose a dispute which is predominantly contractual in nature and is subject matter of the proceedings before the DRT-the appropriate forum for recovery.”
At the hearing, it was contended that the said clause was permissive in nature and does not constitute a binding arbitration agreement within the meaning of Section 7.
Person may be treated as a “member” entitled to file petitions under Sections 397 and 398, Companies Act, 1956 even if their name is not entered in the register of members, provided the Company’s conduct and records establish recognition of proprietary interest.
This is yet another occasion for us to reiterate the constitutional and statutory obligation of a “neighbourhood school” to give admission to students forwarded by the State Government without any delay.
Interpreting Rule 10 of Gujarat Civil Services (Discipline and Appeal) Rules, the Court holds that only “further inquiry” is permissible—not a fresh inquiry—quashes High Court ruling, and grants consequential benefits to the appellant.
Prior to being elevated to the Supreme Court, Justice Alok Aradhe served as Chief Justice for the Telangana and Bombay High Courts and also as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.
“The recipient of a concession has no legally enforceable right against the Government to grant of a concession except to enjoy the benefits of the concession during the period of its grant. This right to enjoy is a defeasible one.”
The Court held that Constitutional Courts should not exercise an “ex-ante jurisdiction” to pre-empt executive decisions in such matters, as doing so would undermine the contractual discretion vested in the authority.
“TET only enables the reserved category candidates to participate in the main examination i.e. TAIT. No relaxation or concession has been granted to reserved category candidates in the main examination and their merit has been evaluated at par with general category candidates.”
A sequel to award-winning film “Kahaani”, Sujoy Ghosh’s “Kahaani 2” was embroiled in controversy when in 2016, it was alleged that the film had infringed copyright of the complainant’s script titled “Sabak”.
The Supreme Court held that the deeming fiction under Section 103 of the Multi-State Cooperative Societies Act, 2002 does not operate automatically merely because a cooperative society’s area temporarily extends across two States following reorganisation.
“A decision based on such non-existent and fake alleged judgments is not an error in the decision making.”
Disability pension is a vested and recurring right, partaking the character of property under Article 300-A, and once found due, must be granted from the date it became payable.
“The impugned interim order has been passed by the High Court on a misinterpretation of the ratio of the decision of this Court in Mohan Lal Fatehpuria (supra).”
“Arbitration is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration.”
Prior to being elevated to the Supreme Court, Justice Alok Aradhe served as Chief Justice for the High Courts of Telangana and Bombay and also as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.
“Scope of interference in an appeal with the order passed by the Armed Forces Tribunal is limited. This Court in appellate jurisdiction would interfere if the order were shown to be arbitrary, unreasonable or capricious”.
In the present case, the Court directed to file an affidavit informing as to how sex education was provided as a part of the curriculum in higher secondary schools within the State of Uttar Pradesh. Thus, an affidavit was filed by the Circle Officer, District Sambhal, Uttar Pradesh, detailing the curriculum for classes IX to XII.
“Impugned tender condition on past performance was arbitrary, unreasonable and discriminatory and did not have any rational nexus to the object of ensuring effective supply of Sports Kits to the children in State”.