Administrative Law

Supreme Court directs review of penalty calculation for unauthorized bandwidth use: Union of India vs. Tech Mahindra Business Services Ltd. (2018) INSC 868

/ A.M. Khanwilkar, Administrative Law, Judges, Kurian Joseph, Review of Orders, Show Cause Notice, Telecom Disputes Settlement and Appellate Tribunal (TDSAT), Telecom Law, Telegraph Rules, Unified Access Services License (UASL)

Supreme Court directs review of penalty calculation for unauthorized bandwidth use: Union of India vs. Tech Mahindra Business Services Ltd. (2018) INSC 868 Date of the Judgment: 03 October 2018 Citation: (2018) INSC 868 Judges: Kurian Joseph, J. and A.M. Khanwilkar, J. Can the government levy penalties and interest based on notifications without providing evidence […]

Supreme Court directs review of penalty calculation for unauthorized bandwidth use: Union of India vs. Tech Mahindra Business Services Ltd. (2018) INSC 868 Read Post »

Supreme Court Upholds Transfer of Employees Between Uttar Pradesh and Uttarakhand: Krishan Kumar Madan vs. Ashok Kumar (29 August 2018)

/ Dhananjaya Y Chandrachud, Dipak Misra, Employee Transfer, Indira Banerjee, Judges, Service Law, State Reorganization, Uttar Pradesh Reorganisation Act, 2000, Uttar Pradesh Reorganisation Act, 2000 with Section 77

Supreme Court Upholds Transfer of Employees Between Uttar Pradesh and Uttarakhand LEGAL ISSUE: Whether employees appointed by the State of Uttar Pradesh can be transferred to the State of Uttarakhand based on mutual consent, even if their appointments occurred after the cut-off date for automatic allocation under the Uttar Pradesh Reorganisation Act, 2000. CASE TYPE:

Supreme Court Upholds Transfer of Employees Between Uttar Pradesh and Uttarakhand: Krishan Kumar Madan vs. Ashok Kumar (29 August 2018) Read Post »

Supreme Court Upholds Termination of Dealership: Indian Oil Corporation Ltd. vs. T. Natarajan (2018)

/ Abhay Manohar Sapre, Administrative Law, Arbitration, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Constitution of India, Constitution of India with Article 226, Constitution of India with Article 227, Contract Law, Dealership Agreements, Judges, Uday Umesh Lalit

Supreme Court Upholds Termination of Dealership: Indian Oil Corporation Ltd. vs. T. Natarajan (2018) Date of the Judgment: July 17, 2018 Citation: Indian Oil Corporation Ltd. & Anr. v. T. Natarajan, Civil Appeal No. 6748 of 2018, arising out of SLP (C) No. 33100 of 2015 Judges: Abhay Manohar Sapre, J., Uday Umesh Lalit, J.

Supreme Court Upholds Termination of Dealership: Indian Oil Corporation Ltd. vs. T. Natarajan (2018) Read Post »

Supreme Court Directs Show Cause Notice Before Termination in Service Matter: Lakshmi Narain Dubey vs. State of Uttar Pradesh (2018)

/ Administrative Law, Judges, Kurian Joseph, Navin Sinha, Principles of Natural Justice, Right to be Heard, Service Law, Show Cause Notice, Termination of Service

Supreme Court Directs Show Cause Notice Before Termination in Service Matter: Lakshmi Narain Dubey vs. State of Uttar Pradesh (2018) Date of the Judgment: April 2, 2018 Citation: (2018) INSC 266 Judges: Kurian Joseph, J., Navin Sinha, J. Can an employee be terminated from service without being given a chance to explain their case? The

Supreme Court Directs Show Cause Notice Before Termination in Service Matter: Lakshmi Narain Dubey vs. State of Uttar Pradesh (2018) Read Post »

Supreme Court Sets Aside High Court Order on Petrol Pump Dealership: Indian Oil Corporation Ltd. vs. Shashi Prabha Shukla (2017)

/ Administrative Law, Amitava Roy, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Contract Law, Dealership Agreements, Discretionary Powers, Fundamental Rights, Judges, Lease Agreements, N.V. Ramana, Public Contracts

LEGAL ISSUE: Whether a High Court can direct a fresh dealership to be awarded to an individual whose original dealership was cancelled due to irregularities. CASE TYPE: Civil Appeal Case Name: Indian Oil Corporation Ltd. & Ors. vs. Shashi Prabha Shukla & Anr. Judgment Date: 15 December 2017 Date of the Judgment: 15 December 2017

Supreme Court Sets Aside High Court Order on Petrol Pump Dealership: Indian Oil Corporation Ltd. vs. Shashi Prabha Shukla (2017) Read Post »

Supreme Court Upholds Lease Termination Policy for Ex-Servicemen Shops: Chandro Devi & Ors. vs. Union of India & Ors. (2017)

/ Deepak Gupta, Defence, Ex-Servicemen Welfare, Judges, Lease Agreements, Legitimate Expectation, Madan B. Lokur, Property Law, Rehabilitation

LEGAL ISSUE: Whether the government’s policy to limit lease renewals for shops allotted to ex-servicemen and their families is valid and non-discriminatory. CASE TYPE: Civil Case Name: Chandro Devi & Ors. vs. Union of India & Ors. Judgment Date: September 8, 2017 Date of the Judgment: September 8, 2017 Citation: (2017) Judges: Madan B. Lokur,

Supreme Court Upholds Lease Termination Policy for Ex-Servicemen Shops: Chandro Devi & Ors. vs. Union of India & Ors. (2017) Read Post »

Supreme Court Upholds Conditional Permission for Krishna Mohan Medical College: Krishna Mohan Medical College vs. Union of India (2017)

/ A.M. Khanwilkar, Administrative Law, Amitava Roy, Dipak Misra, Establishment of Medical College Regulations, 1999, Indian Medical Council Act, 1956, Indian Medical Council Act, 1956 with Section 10A, Judges, Principles of Natural Justice, Procedural Fairness

LEGAL ISSUE: Whether the Central Government’s decision to debar a medical college from admitting students was justified. CASE TYPE: Medical Education Law Case Name: Krishna Mohan Medical College and Hospital & Anr. vs. Union of India and Another [Judgment Date]: 1 September 2017 Introduction Can a medical college be debarred from admitting students without a

Supreme Court Upholds Conditional Permission for Krishna Mohan Medical College: Krishna Mohan Medical College vs. Union of India (2017) Read Post »

Supreme Court directs fair rent determination for Hotel Tramboo: M/S. Hotel Tramboo Continental vs. Govt. of J&K (2017)

/ Administrative Decisions, Administrative Law, Contract Act, Judges, Kurian Joseph, R. Banumathi, Rent Disputes

LEGAL ISSUE: Determination of fair rent for government-occupied hotel rooms. CASE TYPE: Civil Appeal Case Name: M/S. Hotel Tramboo Continental vs. Home Department Civil Secretariat Govt. of Jammu and Kashmir & Ors. Judgment Date: July 19, 2017 Introduction Date of the Judgment: July 19, 2017 Citation: Not Available Judges: Kurian Joseph, J., R. Banumathi, J.

Supreme Court directs fair rent determination for Hotel Tramboo: M/S. Hotel Tramboo Continental vs. Govt. of J&K (2017) Read Post »

Supreme Court Orders Allotment of Housing Board House After Unjustified Exclusion: Umesh Pandey vs. Bihar State Housing Board (2009)

/ Administrative Law, B.N. Agrawal, Fairness, G.S. Singhvi, Judges, Natural Justice

Can a housing board deny allotment of a house based on a minor defect in an affidavit without giving an opportunity to rectify it? The Supreme Court of India addressed this question in a case where an applicant was excluded from a housing lottery due to an alleged defect in the submitted affidavit. The Court

Supreme Court Orders Allotment of Housing Board House After Unjustified Exclusion: Umesh Pandey vs. Bihar State Housing Board (2009) Read Post »

Supreme Court settles Railway Employee Seniority Dispute in Non-Technical Clerical Category Selection (21st October 2008)

/ Administrative Law, Administrative Law with Central Administrative Tribunal (Procedure) Rules, 1987, Rule 17, Central Administrative Tribunal (CAT), Central Administrative Tribunal (Procedure) Rules, 1987, Employee Seniority, J.M. Panchal, Judges, K.G. Balakrishnan, Limitation Act, 1963, Limitation Act, 1963 with Section 5, P. Sathasivam, Railway Law, Railway Law with Rule 303, Railway Recruitment Board (RRB)

Date of the Judgment: 21st October 2008 Judges: K.G. Balakrishnan, P. Sathasivam, J.M. Panchal Can seniority be claimed retroactively by railway employees appointed years after the initial selection process due to alleged malpractices? The Supreme Court addressed this issue in a set of appeals concerning the selection of Non-Technical Popular Clerical Category employees in the

Supreme Court settles Railway Employee Seniority Dispute in Non-Technical Clerical Category Selection (21st October 2008) Read Post »

Supreme Court settles appointment process for Extra Departmental Branch Post Master: T. Jayakumar vs. A. Gopu (2008)

/ Administrative Law, Aftab Alam, Appointment Process, Judges, Scope of Judicial Review, Tarun Chatterjee

Date of the Judgment: September 22, 2008 Citation: [Not Available in Source] Judges: Tarun Chatterjee, J., Aftab Alam, J. When is a delayed application not really delayed? The Supreme Court addressed the complications arising from a candidate’s omission to sign an application for the position of Extra Departmental Branch Post Master (EDBPM) in Kadambadi village.

Supreme Court settles appointment process for Extra Departmental Branch Post Master: T. Jayakumar vs. A. Gopu (2008) Read Post »

Supreme Court Upholds Amended Promotion Rules for UP Higher Judicial Service: V.K. Srivastava vs. Govt. of U.P. (2008)

/ Constitutional Law, Constitutional Law with Article 233, J.M. Panchal, Judges, K.G. Balakrishnan, Merit-cum-Seniority, P. Sathasivam, Promotion Rules, Retrospective Application, Service Law

Introduction Date of the Judgment: 4th September 2008 The Supreme Court of India, in V.K. Srivastava & Ors. vs. Govt. of U.P. & Anr., addressed a critical question regarding the retrospective application of amended service rules concerning promotions within the Uttar Pradesh Higher Judicial Service. This case highlights the conflict between established seniority rights and

Supreme Court Upholds Amended Promotion Rules for UP Higher Judicial Service: V.K. Srivastava vs. Govt. of U.P. (2008) Read Post »

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