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Supreme Court

Supreme Court Allows Appeal in Part in Rajasthan State Road Transport Corporation Case — Resignation Not Convertible to Voluntary Retirement; Gratuity Payable Under Payment of Gratuity Act, 1972. The Court held that voluntary retirement requires acceptance by the appointing authority and pending disciplinary proceedings justify non-acceptance; resignation cannot be converted to voluntary retirement after acceptance and receipt of benefits.

15 Apr 2020

The case involves an appeal by the Rajasthan State Road Transport Corporation against a High Court order directing them to treat the respondent's dece...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

Supreme Court

Supreme Court Dismisses Appeals Against High Court Order Quashing Draft Development Plan for Non-Compliance with Statutory Time Limits Under MRTP Act. Planning Authority's Failure to Prepare Draft Plan Within Prescribed Period Triggers Deemed Failure and Transfer of Powers to Competent Authority Under Section 21(4A).

18 Mar 2020

The case arises from a challenge to the draft development plan published by the Aurangabad Municipal Corporation under Section 26(1) of the Maharashtr...

Supreme Court

Supreme Court Dismisses Appeal Against CBI Investigation in Land Acquisition Fraud Case — Consent of State Government Not Required as Offences Relate to Central Government Company Affairs. The Court held that the general consent notification of 1996 did not require prior state consent for investigating an IAS officer where the offences were committed in connection with the affairs of a Central Government company and the conspiracy was hatched in Delhi.

4 Mar 2020

The Supreme Court dismissed an appeal by Kanwal Tanuj, an IAS officer of the Bihar cadre, against the Patna High Court's order rejecting his petition ...

Supreme Court

Supreme Court Allows Appeal in IBC Section 7 Case — NCLT Cannot Dismiss Petition Without Applying Mind to Merits. Adjudicating Authority Must Determine Default and Admit or Reject Petition Under Section 7, Not Direct Settlement Without Considering Individual Claims.

1 Jan 2020

The present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) arises from a judgment of the National Company Law Appellate Tri...

Supreme Court

Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

1 Jan 2020

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

Supreme Court

Supreme Court Allows Appeals of Revenue Authorities in Stamp Duty Undervaluation Cases — Revisional Powers Under Section 47A of Indian Stamp Act, 1899 Upheld. The Court held that the limitation period for suo motu revision by the Chief Controlling Revenue Authority is five years from the date of the order, not from the date of registration.

1 Jan 2020

The Supreme Court of India heard a batch of civil appeals arising from orders of the Madras High Court concerning the interpretation of Section 47A of...

Supreme Court

Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

1 Jan 2020

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

Supreme Court

Supreme Court Allows Bank's Appeal in Higher Qualification Suppression Case — Candidature Cancellation Upheld. Employer's Prescribed Eligibility Criteria Not Subject to Judicial Review Unless Arbitrary; Suppression of Material Facts Justifies Cancellation.

1 Jan 2020

The Supreme Court allowed the appeal filed by Punjab National Bank against the judgment of the Orissa High Court, which had directed the bank to allow...

Supreme Court

Supreme Court Allows Appeals in Food Adulteration Case: Remand Order Set Aside for Violation of Natural Justice. High Court's order setting aside conviction and ordering retrial against company without notice violates Section 401(2) CrPC.

1 Jan 2020

The Supreme Court allowed two appeals arising from a High Court order that set aside the conviction of a nominated officer of Hindustan Unilever Limit...

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