Constitutional Law with Article 226

Specific Performance Denied: Supreme Court Upholds Dismissal of Delayed Claim in Land Dispute: Surjeet Singh Sahni vs. State of U.P. (28 February 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Contract Law, Delay and Laches, Judges, M.R. Shah, Specific Performance, U.P. Industrial Area Development Act, 1976, U.P. Industrial Area Development Act, 1976 with Section 6

Supreme Court Dismisses Plea for Specific Performance After Delay: Surjeet Singh Sahni vs. State of U.P. (2022) LEGAL ISSUE: Whether a writ petition seeking specific performance of a contract is maintainable after a significant delay and whether a fresh cause of action arises from the rejection of a belated representation. CASE TYPE: Contract Law, Land […]

Specific Performance Denied: Supreme Court Upholds Dismissal of Delayed Claim in Land Dispute: Surjeet Singh Sahni vs. State of U.P. (28 February 2022) Read Post »

Supreme Court overturns High Court order on work contract: Municipal Council Gondia vs. Divi Works & Suppliers (28 February 2022)

/ B.V. Nagarathna, Breach of contract, Constitutional Law, Constitutional Law with Article 226, Contract Law, Judges, M. R. Shah, Specific Performance, Work Order, Writ Jurisdiction

Supreme Court overturns High Court order on work contract: Municipal Council Gondia vs. Divi Works & Suppliers (2022) LEGAL ISSUE: Whether a High Court can issue a writ of mandamus for specific performance of a contract in a writ petition under Article 226 of the Constitution of India. CASE TYPE: Contract Law, Writ Jurisdiction Case

Supreme Court overturns High Court order on work contract: Municipal Council Gondia vs. Divi Works & Suppliers (28 February 2022) Read Post »

Supreme Court Dismisses Plea for Specific Performance Due to Delay: Surjeet Singh Sahni vs. State of U.P. (28 February 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Contract Law, Judges, Limitation, M.R. Shah, Specific Performance, U.P. Industrial Area Development Act, 1976, U.P. Industrial Area Development Act, 1976 with Section 6

Supreme Court Dismisses Plea for Specific Performance Due to Delay: Surjeet Singh Sahni vs. State of U.P. (2022) LEGAL ISSUE: Whether a writ petition seeking specific performance of a contract is maintainable after significant delay and whether a belated representation extends the period of limitation. CASE TYPE: Contract Law, Writ Jurisdiction Case Name: Surjeet Singh

Supreme Court Dismisses Plea for Specific Performance Due to Delay: Surjeet Singh Sahni vs. State of U.P. (28 February 2022) Read Post »

Supreme Court Upholds UCO Bank’s Disciplinary Action Against Employee for Misconduct: General Manager(Operation-1) vs. Krishna Kumar Bhardwaj (2022)

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Disciplinary Proceedings, Judges, Service Law, Service Law with Regulation 3, UCO Bank Officers Employees’ (Conduct) Regulations, 1976

UCO Bank Employee Misconduct: Supreme Court Upholds Disciplinary Action Date of the Judgment: February 18, 2022 Citation: (2022) INSC 1458 Judges: Justice Ajay Rastogi and Justice Abhay S. Oka Can a disciplinary inquiry be set aside if the charges are deemed vague? The Supreme Court of India recently addressed this question in a case concerning

Supreme Court Upholds UCO Bank’s Disciplinary Action Against Employee for Misconduct: General Manager(Operation-1) vs. Krishna Kumar Bhardwaj (2022) Read Post »

Supreme Court Upholds UCO Bank’s Disciplinary Action Against Employee for Misconduct: Krishna Kumar Bhardwaj Case (2022)

/ Abhay S. Oka, Ajay Rastogi, Constitution of India, Constitutional Law with Article 226, Constitutional Law with Article 227, Judges, UCO Bank Officers Employees’ (Conduct) Regulations, 1976, UCO Bank Officers Employees’ (Conduct) Regulations, 1976 with Regulation 3, UCO Bank Officers Employees’ (Conduct) Regulations, 1976 with Regulation 6

UCO Bank Employee Misconduct Case: Supreme Court Upholds Disciplinary Action LEGAL ISSUE: Whether the High Court was right in setting aside the disciplinary proceedings initiated by UCO Bank against its employee. CASE TYPE: Service Law/Disciplinary Proceedings Case Name: General Manager(Operation-1)/Appellate Authority, UCO Bank & Ors. vs. Krishna Kumar Bhardwaj [Judgment Date]: 18 February 2022 Introduction

Supreme Court Upholds UCO Bank’s Disciplinary Action Against Employee for Misconduct: Krishna Kumar Bhardwaj Case (2022) Read Post »

Supreme Court on Lapsed Land Reservations: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Judges, Land Acquisition, M.R. Shah, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 127, Maharashtra Regional and Town Planning Act, 1966 with Section 22

Supreme Court on Lapsed Land Reservations: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022) LEGAL ISSUE: Whether a High Court can mandate a municipal corporation to acquire land and pay compensation when the land reservation has lapsed and the land is unsuitable for the designated public purpose. CASE TYPE: Land Acquisition and Town Planning Case

Supreme Court on Lapsed Land Reservations: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022) Read Post »

Supreme Court modifies punishment of removal to compulsory retirement in bank employee case: Umesh Kumar Pahwa vs. Uttarakhand Gramin Bank (2022)

/ B.V. Nagarathna, Compulsory Retirement, Constitutional Law, Constitutional Law with Article 226, Disciplinary Proceedings, Judges, M.R. Shah, Proportionality of Punishment, Service Law

Supreme Court modifies punishment of removal to compulsory retirement in bank employee case: Umesh Kumar Pahwa vs. Uttarakhand Gramin Bank (2022) LEGAL ISSUE: Whether the punishment of removal from service was disproportionate to the charges proved against the employee. CASE TYPE: Service Law Case Name: Umesh Kumar Pahwa vs. The Board of Directors Uttarakhand Gramin

Supreme Court modifies punishment of removal to compulsory retirement in bank employee case: Umesh Kumar Pahwa vs. Uttarakhand Gramin Bank (2022) Read Post »

Supreme Court overturns dismissal of bank employee in United Bank of India vs. Biswanath Bhattacharjee (2022)

/ Constitutional Law, Constitutional Law with Article 226, Departmental Proceedings, Disciplinary Proceedings, Judges, Judicial Review, K.M. Joseph, S. Ravindra Bhat, Service Law

Supreme Court overturns dismissal of bank employee in United Bank of India vs. Biswanath Bhattacharjee (2022) LEGAL ISSUE: Whether a High Court can overturn a disciplinary authority’s decision if it finds the decision is not based on evidence. CASE TYPE: Service Law/Disciplinary Proceedings Case Name: United Bank of India vs. Biswanath Bhattacharjee [Judgment Date]: 31

Supreme Court overturns dismissal of bank employee in United Bank of India vs. Biswanath Bhattacharjee (2022) Read Post »

Supreme Court Reinstates Bank Employee Dismissed on Insufficient Evidence: United Bank of India vs. Biswanath Bhattacharjee (2022)

/ Constitutional Law, Constitutional Law with Article 226, Disciplinary Proceedings, Judges, Judicial Review, K.M. Joseph, Reinstatement, S. Ravindra Bhat, Service Law

Supreme Court Reinstates Bank Employee Dismissed on Insufficient Evidence: United Bank of India vs. Biswanath Bhattacharjee (2022) LEGAL ISSUE: Whether a disciplinary authority’s findings of guilt can be upheld when based on no evidence or a misappreciation of evidence. CASE TYPE: Service Law Case Name: United Bank of India vs. Biswanath Bhattacharjee Judgment Date: 31

Supreme Court Reinstates Bank Employee Dismissed on Insufficient Evidence: United Bank of India vs. Biswanath Bhattacharjee (2022) Read Post »

Supreme Court Upholds Tender Rejection in Foreign Funded Project: National High Speed Rail Corporation Ltd. vs. Montecarlo Limited & Anr. (2022) INSC 124

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 226, Contract Law, Contract Law with ITB 28.1, Judges, M.R. Shah, Public Procurement

Supreme Court Upholds Tender Rejection in Foreign Funded Project: National High Speed Rail Corporation Ltd. vs. Montecarlo Limited & Anr. (2022) INSC 124 LEGAL ISSUE: Whether a High Court can interfere with the tender process of a foreign-funded project when the rejection of a bid is based on the decision of the funding agency and

Supreme Court Upholds Tender Rejection in Foreign Funded Project: National High Speed Rail Corporation Ltd. vs. Montecarlo Limited & Anr. (2022) INSC 124 Read Post »

Supreme Court quashes dismissal of bank employee due to lack of evidence: United Bank of India vs. Biswanath Bhattacharjee (2022)

/ Constitutional Law, Constitutional Law with Article 226, Departmental Inquiry, Dismissal of Employee, Judges, Judicial Review of Administrative Action, K.M. Joseph, S. Ravindra Bhat, Service Law, Service Law with Fair Procedure

Supreme Court quashes dismissal of bank employee due to lack of evidence: United Bank of India vs. Biswanath Bhattacharjee (2022) LEGAL ISSUE: Whether a disciplinary authority’s findings can be overturned if they are based on no evidence. CASE TYPE: Service Law – Departmental Inquiry Case Name: United Bank of India vs. Biswanath Bhattacharjee Judgment Date:

Supreme Court quashes dismissal of bank employee due to lack of evidence: United Bank of India vs. Biswanath Bhattacharjee (2022) Read Post »

Supreme Court on Competition Act Applicability to Lottery Tenders: Competition Commission of India vs. State of Mizoram (2022)

/ Anti-Competitive Agreements, Competition Act, 2002, Competition Act, 2002 with Section 3, Competition Act, 2002 with Section 4, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Judges, M.M. Sundresh, Sanjay Kishan Kaul

Supreme Court on Competition Act Applicability to Lottery Tenders: Competition Commission of India vs. State of Mizoram (2022) LEGAL ISSUE: Whether the Competition Act, 2002 applies to the tendering process for appointment of lottery distributors and selling agents, specifically concerning allegations of bid rigging and cartelization. CASE TYPE: Competition Law Case Name: Competition Commission of

Supreme Court on Competition Act Applicability to Lottery Tenders: Competition Commission of India vs. State of Mizoram (2022) Read Post »

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