Search Results for "precedent"

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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 ...
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Search Results for "precedent"

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Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Upholds Assistant Professors' Promotion Under DACP Scheme Against Statutory Corporation's Recruitment Regulations. Promotion Governed by DACP Scheme as ESIC Regulations Issued Without Prior Central Government Approval Under Section 17(2)(a) of Employees' State Insurance Act, 1948.

20 Jan 2022

The dispute arose from the promotion of Assistant Professors employed by the Employees' State Insurance Corporation (ESIC) to the post of Associate Pr...

Supreme Court

Supreme Court Upholds Bank's Dismissal of Employee in Disciplinary Proceedings for Fraud and Misconduct. Disciplinary Proceedings Evaluated on Preponderance of Probabilities, Not Criminal Standards, Under Bipartite Settlement and Evidence Act Provisions.

19 Jan 2022

The dispute arose from the dismissal of a bank employee following departmental proceedings initiated by the appellant-Bank, a nationalized entity, aga...

Supreme Court

Supreme Court Interprets Section 29A(h) of Insolvency and Bankruptcy Code, 2016 Regarding Guarantor Eligibility. The court held that a person who has executed an enforceable guarantee is not disqualified from submitting a resolution plan unless the guarantee has been invoked, as liability crystallizes upon invocation under the amended provisions.

18 Jan 2022

The Supreme Court was called upon to interpret Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, as amended, concerning the eligibility of a...

Supreme Court

Supreme Court Quashes Bail Order in Murder Conspiracy Case Due to Inadequate Consideration of Evidence. High Court's grant of bail to accused charged under Sections 302, 120(B), 114 IPC set aside as it failed to assess investigation material and seriousness of offence, relying improperly on circumstantial evidence and deep roots in society.

18 Jan 2022

The Supreme Court heard an appeal by the father of a deceased woman against a bail order granted by the High Court of Gujarat to the accused, who was ...

Supreme Court

Supreme Court Quashes Bail Orders in Murder Case Due to Lack of Reasoning and Non-Compliance with Judicial Directions. The High Court's cryptic bail grants without addressing offence gravity or accused's evasion of court proceedings violated established bail principles under Code of Criminal Procedure, 1973.

18 Jan 2022

The appeals were preferred by the informant appellant, mother of the deceased Yameen, challenging the bail orders granted by the High Court of Judicat...

Supreme Court

Supreme Court Reverses High Court Judgment in Land Title Dispute Due to Jurisdictional Error and Procedural Defects. High Court Exceeded Authority Under Section 100 CPC by Re-appreciating Evidence Without Framing Substantial Question of Law, and Specific Performance Decree Was Invalid for Non-Impleadment of Necessary Parties.

17 Jan 2022

The dispute involved a long-standing conflict over land measuring 0.08 cents, part of a larger 50-acre parcel, with origins dating back to the 1960s. ...

Supreme Court

Supreme Court Allows Employee's Appeal in Employment Contract Dispute Over Overseas Deputation Clause. The Court held that a business visit does not constitute deputation under the contract as deputation requires a tripartite consensual agreement and written evidence, which was lacking.

12 Jan 2022

The appeal arose from a judgment of the High Court of Punjab & Haryana in a second appeal, concerning a dispute over an employment contract clause rel...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Dismisses Landowner's Appeal in Eco-sensitive Zone Case, Upholding NGT's Reliance on Expert Committee Report. The Court affirmed the National Green Tribunal's jurisdiction and application of the precautionary principle under the Environment (Protection) Act, 1986, and National Green Tribunal Act, 2010, regarding the Zonal Master Plan 2030 for Mount Abu.

12 Jan 2022

The Supreme Court addressed appeals under Section 22 of the National Green Tribunal Act, 2010, arising from NGT judgments dated 10 March 2021 and 29 J...

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