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“It is trite law that if the Arbitrator fails to decide the counter claim in accordance with law, it will vitiate the award and that it is within the Arbitrator’s jurisdiction to decide both the claim and counter claim.”
“The number of participants in the festival shall be restricted to fifty only, and the official respondents shall strictly enforce the above directions.”
“The unoccupied portion of the hill has been in the possession of the temple from time immemorial and has been treated by the temple authorities as their property.”
“In case of passing an order to drop the execution proceedings on the ground of any technicality, the Judgment Debtor is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable.”
“If two views are possible during the course of enquiry, the Court should lean in favour of holding the accused to be juvenile in borderline cases.”
“The Authority under Section 33(2)(b) of the Industrial Disputes Act, 1947 cannot adjudicate on the merits of the finding in the domestic enquiry or on the penalty, as it has no jurisdiction to adjudicate on the merits of the findings in a domestic enquiry. Those questions have to be adjudicated in a subsequent industrial dispute, if raised.”
“On one side is judicial propriety and on the other, severe contempt. Yet this Commission will take this risk and make attempt to set legal principles clearly for the purposes of upholding judicial federalism”.
The appointment of the petitioner to the 2008 Civil Services, based on the subsequent legislative reform made in 2016, would lead to administrative chaos and raise several complications regarding seniority, induction etc.
by Namita Shetty* and Bharat Harne**
“Merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently he would be bound by the result of the litigation, though he remains unrepresented”.
This report covers the Supreme Court’s Never Reported Judgment on res judicata, dating back to the year 1954.
This report summarizes the insights from the Keynote Address delivered by Professor George A. Bermann at the ICDR India Conference.
This report covers the Supreme Court’s Never Reported Judgment, on judicial precedents and res judicata, dating back to the year 1954.
Constitution of India — Arts. 141 and 142 — What is binding — “Law declared by Supreme Court” — Doctrine of merger
“Taxation serves as the cornerstone of governmental revenue, facilitating the provision of public services and infrastructure. Essential to this system is consistency, ensuring that similar factual and legal circumstances are met with uniform treatment.”
Calcutta High Court noted that the mere dismissal of the first suit does not automatically render the second suit barred by res judicata.
Although the instant matter was remanded back to NCDRC to decide on facts, the Supreme Court very well elaborated the cause of action, Doctrine of Merger, principle of Res Judicata and Precedents.
In the peculiar facts of the present case, taking recourse to law, cannot be, by any stretch of imagination, labeled as an instance of cruelty.
The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.