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The principal issue is whether the respondents are barred from initiating a fresh tender for empanelment of local chemists for a future period during the subsistence of existing contracts.
It is a settled principle of service law that payment of salary and attendant monetary benefits is ordinarily premised upon actual discharge of duties.
“The fact that the remuneration was reflected in the pay slips as ‘gross salary’, subjected to statutory tax deductions and reported through Form-16, fortifies the conclusion that the payment was compensatory in nature and not a scholarship granted solely to defray educational expenses.”
“The magnitude of these revisions is not merely incidental; it bespeaks a systemic lapse in the framing, vetting, and finalisation of the question papers and answer keys, including issues of translation parity, which should have been unambiguous from the outset.”
“Once, a vacancy under the reserved category does not exist, the candidate cannot be considered against the reserved category vacancy, which, in fact, does not exist.”
“Where a child is repeatedly exposed to fear or hostility towards one parent, such an environment can adversely affect the child’s welfare.”
Statutory amendments regulating probation and training apply prospectively to an ongoing probationary relationship, and the re-introduction of a prohibition on appearing in open competitive examinations during training does not amount to retrospective deprivation of rights.
“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”
The core controversy centres on the effect of deliberate non-disclosure by a nominee arbitrator, the determination of the juridical seat of arbitration, and the extent of supervisory jurisdiction of Indian courts notwithstanding the fixation of a foreign venue by an arbitral institution.
“Formation of opinion under Rule 3 of Securities and Exchange Board of India Adjudication Rules need not be expressly recorded at pre-notice stage.”
Section 29(2) of the Hindu Marriage Act, 1955 protects only valid customary divorces, and in the present case the evidence was insufficient in law to prove either the existence of such a custom in the community or the factum of her own divorce.
The respondents had been admitted in various post graduate courses under the ‘Sponsored/Foreign Nationals’ category through a prospectus specifying that the candidates admitted under this category would not be entitled to emoluments.
“The language employed in Section 20(3) of the Lokpal Act is peremptory and admits of no discretion. The legislative intent is that the prima facie satisfaction necessary for directing an investigation under the Act must be reached only after considering the explanation of the concerned public servant.”
“While the Domestic Violence Act confers a vital and protective right of residence upon an aggrieved woman, it cannot be construed to extinguish or indefinitely suspend the right of senior citizens to live without distress in their own home.”
“Sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond.”
“The sisters executed the Relinquishment Deeds (‘RD’) to release their share in favour of their brother, and there was no economic consideration exchanged at the time of the execution. All the RDs were basically acknowledging the bequest made by the father in favour of his son.”
By allowing production of documents directly pertinent to the issues in dispute, the Court ensured the wife’s access to necessary evidence, while avoiding unnecessary intrusion into unrelated financial matters. Such a calibrated approach aligns with the principle of proportionality and prevents the discovery process from becoming a fishing expedition.
“A plain reading of Section 17 DV Act confers upon every woman in a domestic relationship the right to reside in the shared household, irrespective of whether she has any right, title or beneficial interest in the same. However, it does not create a proprietary interest in the property and is subject to lawful eviction in accordance with due process.”
“Once, by virtue of the Memorandum of Family Settlement, the respective shares of the family members were identified, the Builders’ Agreement, which is essentially an agreement to construct the building, will not result in its modification or novation.”
The remedy under Section 9 is equitable, discretionary in nature and primarily exercised to preserve subject matter of arbitration or to prevent frustration of arbitral proceedings. Such power must be exercised cautiously, particularly where interim relief sought effectively amounts to grant of final relief or impinges upon statutory powers conferred under Companies Act, 2013.