a) Judicial decisions are presumed retrospective unless stated otherwise; however, procedural safeguards can be prospective to avoid undue hardship (Para 3, 4). b) The direction in Priyanka Srivastava...
Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d), 13(2) – CrPC Section 482 – Discharge Application – Prima Facie Case – Illegal Gratification – Misuse of Authority The Supreme Co...
Change of Opinion – Audit Objection – Reopening of Assessment – Failure to File Timely Reply – Availability of Alternate Remedies – Discretionary Jurisdiction Not Invoked The court dismisse...
Minority Educational Institution’s Right to Appoint Teachers – Applicability of Government Resolution on Surplus Teachers – Section 3(2), Maharashtra Employees of Private Schools (Conditions of ...
Constitution of India, 1950 (COI) – Article 226 – Writ Petition challenging rejection of Scheduled Tribe claim – Petitioners belonging to ‘Koli Mahadev’ Scheduled Tribe – Blood relatives f...
The Bombay High Court upheld the arbitral award, dismissing the petition filed by the Union of India. The Court found the Arbitral Tribunal’s interpretation of the contracts reasonable and commercia...
Appointment of Assistant Teacher Without Following the Prescribed Procedure Under Pavitra Portal Held Illegal – Rule 9(2-A) and 9(2-B) of MEPS Rules, 1981 Not Followed Introduction of Pavitra Porta...
Sanction for Prosecution Mandatory for Public Servants Acting in Official Capacity – Deemed Sanction Not Recognized Under Section 197 CrPC The Supreme Court allowed the appeal and quashed the charg...
The Supreme Court held that the reservation of the land had lapsed under both Section 49(7) and Section 127 of the MRTP Act due to the failure of the authorities to acquire the land within the prescri...
The Supreme Court held that the non-disclosure of additional policies did not amount to material suppression because the disclosed policy itself had a higher assured sum. The failure to disclose was d...
