Tag: writ jurisdiction

Clarifying Jurisdiction: Supreme Court Reaffirms Exclusive Power of MP Arbitration Tribunal for Public Works
28Aug By The Legal ChamberNo Comments
Supreme Court

Clarifying Jurisdiction: Supreme Court Reaffirms Exclusive Power of MP Arbitration Tribunal for Public Works

The Supreme Court upheld the exclusive jurisdiction of the Madhya Pradesh Arbitration Tribunal over disputes arising from state works contracts, as per the MP Madhyastham Adhikaran Adhiniyam, 1983. It ruled that a private arbitration clause in a concession agreement cannot override this statutory mandate, rendering such arbitration non-est in law. Facts Of The Case: The dispute arose from a Concession Agreement dated 05.01.2012 between Umri Pooph Pratappur Tollways Pvt. Ltd. (Appellant) and the Madhya Pradesh Road Development Corporation (Respondent) for the development of a state highway on a BOT (Toll + Annuity) basis. Following alleged breaches and delays attributed to the Respondent, the Appellant first initiated proceedings in 2018 before the Madhya Pradesh Arbitration Tribunal, a s...
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No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank
26Aug By The Legal ChamberNo Comments
Supreme Court

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank

The Supreme Court held that pay fixation of re-employed ex-servicemen is governed solely by government guidelines, which banks cannot override. It ruled that reducing pay without providing an opportunity of hearing violates principles of natural justice, rendering such an administrative action legally unsustainable. Facts Of The Case: After retiring from the Indian Navy, the appellants were re-employed by Punjab National Bank between 2015-2017 as Single Window Operators. Their initial pay was fixed at a higher amount, with four appellants receiving ₹40,710 and one receiving ₹34,160. However, following a 2018 clarification from the Indian Banks' Association (IBA) that capped the maximum basic pay for ex-servicemen at ₹31,540, the bank issued a circular and subsequently reduced the appella...
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Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts

The Supreme Court held that a government notification extending the retirement age must be interpreted purposively, and a condition requiring "10 years of teaching experience in any State-aided university" includes experience from universities outside the state. Excluding such experience was found to be an arbitrary and discriminatory classification violating the right to equality under Article 14. Facts Of The Case: The appellant was initially appointed as a teacher in a government college in Assam in 1991, where he served for 16 years. In 2007, he was selected for a non-teaching post at Burdwan University, West Bengal, based on his qualifications and experience, and was later promoted in 2012. In 2021, the State of West Bengal issued a notification increasing the retirement age from 60...
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Supreme Court Clarifies When Electricity Contracts Beat Regulatory Caps
12Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies When Electricity Contracts Beat Regulatory Caps

The Supreme Court ruled that Note 3 of Regulation 55 of the CERC Regulations, 2019, which caps free power supply to states at 13%, is only for tariff calculation and does not override contractual obligations under the Implementation Agreement. The Court held that writ jurisdiction was inappropriate, as disputes involving regulatory interpretation must first be addressed by the specialized CERC. The judgment reaffirms that contractual rights remain enforceable unless expressly prohibited by law. Facts Of The Case: The case involves a dispute between the State of Himachal Pradesh and JSW Hydro Energy Limited over the supply of free power from a hydroelectric project. In 1993, the state allotted the Karcham Wangtoo Hydroelectric Project to a predecessor company of JSW Hydro under a Memorand...
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Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?
6Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?

The Supreme Court examined whether Air Force Schools qualify as a "State" under Article 12 or an "authority" amenable to writ jurisdiction under Article 226 of the Constitution. The majority held that despite partial government control and funding, the schools lacked pervasive state dominance, relegating disputes to private contract law. However, the dissenting opinion emphasized their public function, deep administrative control by the Indian Air Force, and indirect public funding, making them subject to writ jurisdiction. The split verdict clarifies the distinction between regulatory control and pervasive state authority in educational institutions Facts Of The Case: The case involved two civil appeals before the Supreme Court concerning the Air Force School, Bamrauli, Allahabad. In Ci...
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