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Supreme Court

Supreme Court Allows Appeal in Disability Pension Case for Territorial Army Member - Statutory Regulations Override Departmental Denial. Disability Pension Granted Under Regulation 173 of Pension Regulations for the Army, 1961, as Extended to Territorial Army by Regulation 292, Since Disability Was Attributable to Military Service and Assessed at 80%.

7 Mar 2022

The appeal arose from a dispute over the entitlement of a Territorial Army member to disability pension. The appellant, after serving in the Regular A...

Supreme Court

Supreme Court Dismisses State's Appeal in Excise Duty Dispute Over Non-Potable Weak Spirit. State's Authority to Levy Excise Duty is Limited to Alcoholic Liquors for Human Consumption Under Entry 51 List II of the Constitution, While Non-Potable Spirit Falls Under Central Power Under Entry 84 List I.

3 Mar 2022

The appeals arose from a common judgment of the High Court of Orissa, which allowed writ petitions filed by the respondent-company and set aside deman...

Supreme Court

Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

3 Mar 2022

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

Supreme Court

Supreme Court Dismisses Appeals in U.P. Trade Tax Act Case on State Development Tax Adjustment. Court upheld High Court's decision that assessees are entitled to adjust State Development Tax within monetary limits specified in eligibility certificates under Section 4-A, rejecting proportional adjustment interpretation under Section 3-H(3) of the U.P. Trade Tax Act, 1948.

2 Mar 2022

The Supreme Court addressed appeals concerning the interpretation of Section 3-H of the U.P. Trade Tax Act, 1948, which introduced the State Developme...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Partially Allows Appeal in Service Law Case Regarding Back Wages for Reinstated Employee. The Court enhanced back wages from 50% to 75% for a faultless employee dismissed based on an incompetent authority's caste verification report, later vindicated by the competent authority, under principles of fairness and exceptions to the no work no pay rule.

23 Feb 2022

The dispute originated from the appellant's dismissal from service as a Staff Nurse after a Tahasildar's report questioned her Scheduled Caste status....

Supreme Court

Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

Supreme Court

Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

22 Feb 2022

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...

Supreme Court

Supreme Court Dismisses Appeal in Service Tax Classification Case Due to Failure to Prove Job Work Exemption. Services Provided Were Held as Manpower Supply Under Finance Act, 1994, Not Exempt as Job Work Under Notification No.25/2012-Service Tax, Based on Agreement Terms and Lack of Registration Amendment.

18 Feb 2022

The dispute involved an appeal against a judgment of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) regarding service tax classificatio...

Supreme Court

Supreme Court Considers Validity of Safety Regulation and Government Exemption Order Under Electricity Act, 2003. The Court addressed whether Regulation 116 is ultra vires, if transfer schemes protect unqualified employees, and the arbitrariness of a Government Order granting exemptions from safety qualifications.

18 Feb 2022

The dispute originated from a writ petition filed in the High Court of Kerala challenging Regulation 116 of the Central Electricity Authority (Measure...

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