Search Results for "Discretion"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

Search Results for "Discretion"

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Supreme Court

Supreme Court Upholds Reinstatement of Contract Workers in BHEL Case — Contract Labour Arrangement Held Sham Due to Direct Control and Supervision by Principal Employer. The Court affirmed that workmen performing identical duties under BHEL's supervision were entitled to reinstatement without backwages under the Uttar Pradesh Industrial Disputes Act, 1947.

20 Feb 2019

The case involves appeals by Bharat Heavy Electricals Ltd. (BHEL) against a judgment of the Uttarakhand High Court dismissing its writ petition challe...

Supreme Court

Supreme Court Reduces Compensation from 200% to 100% in Minimum Wages Claim — Union of India v. Avtar Chand. The Court held that while discretion exists to award compensation under Section 20(3) of the Minimum Wages Act, 1948, any differential treatment among similarly situated workers must be supported by reasons; absence of reasons warrants modification to maintain parity.

19 Feb 2019

The appeals arose from a dispute between the Union of India (appellant) and workers (respondents) regarding payment of minimum wages under the Minimum...

Supreme Court

Supreme Court Allows Father's Appeal in Child Custody Dispute, Upholds Use of Mediator and Counsellor Reports. Reports of Child Counsellor and Mediator Regarding Child's Behavior and Attitude Are Not Confidential Under Mediation Confidentiality Rules.

15 Feb 2019

The appellant, Perry Kansagra, a Kenyan and British citizen, and the respondent, Smriti Madan Kansagra, an Indian citizen, married on 29 July 2007 in ...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder Case — Review Petition Allowed in Open Court. Court Holds That Life Imprisonment Is the Rule and Death Sentence an Exception, and Mitigating Circumstances Must Be Considered Even in Heinous Crimes.

14 Feb 2019

The Supreme Court of India heard a review petition filed by Md. Mannan @ Abdul Mannan, who had been convicted for the rape and murder of an eight-year...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Amendment Application in Partition Suit — Belated and Mala Fide Amendment Sought After Trial Concluded. The Court held that an amendment under Order VI Rule 17 CPC after trial commenced requires proof of due diligence, and the proposed amendment would change the nature of the suit and cause prejudice.

14 Feb 2019

The appellant, M. Revanna, was Plaintiff No. 1 in a suit for partition and separate possession of joint family properties filed in 1993. The suit was ...

Supreme Court

Supreme Court Dismisses Appeals Against Kerala High Court Judgment Upholding CAT Order for Inclusion in Promotion Panel. Delay and Laches Not a Bar as Representation Was Replied and Tribunal Condoned Delay.

13 Feb 2019

The case involves a dispute over promotion to the post of Assistant Personnel Officer (APO) in the Southern Railway under the 30% Limited Departmental...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

Supreme Court

Supreme Court Upholds Conviction of Two Accused in Murder Case Under Section 302/34 IPC — High Court's Alteration of Charge from Section 302/149 to Section 302/34 Upheld

12 Feb 2019

The Supreme Court dismissed the appeal filed by Phuman Singh and Kashmiro, upholding their conviction under Section 302 read with Section 34 of the In...

Supreme Court

Supreme Court Restores Minimum Sentence Under SC/ST Act: High Court Cannot Reduce Sentence Below Statutory Minimum. The Court held that the High Court erred in reducing the sentence of six months rigorous imprisonment to the period already undergone, as Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 prescribes a minimum sentence of six months.

8 Feb 2019

The State of Madhya Pradesh appealed against the High Court's order reducing the sentence of the respondent, Vikram Das, convicted under Section 3(1)(...

Supreme Court

Supreme Court Dismisses Appeal of Contractor in Arbitration Dispute Over Interest. Contractual Clauses 50 and 51 of GCC Barred Arbitral Tribunal from Awarding Interest on Delayed Payments Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996.

7 Feb 2019

The dispute arose from a contract awarded to Jaiprakash Associates Ltd. (JAL) by Tehri Hydro Development Corporation India Ltd. (THDC) for execution o...

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