Search Results for "Judicial precedent"

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Search Results for "Judicial precedent"

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Supreme Court

Supreme Court Dismisses Appeals Challenging High Court's Declaration of Manipur Parliamentary Secretary Act as Unconstitutional Due to Lack of Legislative Competence. State Legislature Lacked Authority Under Article 194(3) to Create Parliamentary Secretary Offices, Rendering Both Enactment and Repeal Invalid Under Constitution of India.

1 Feb 2022

The dispute centered on the constitutional validity of the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provi...

Supreme Court

Supreme Court Clarifies Legal Standards for Reservation in Promotions for Scheduled Castes and Scheduled Tribes Under Article 16(4-A) of the Constitution. The Court Held That There Is No Fixed Yardstick for Quantifiable Data Showing Inadequacy of Representation, and the State Must Collect Data Based on Cadre as the Unit, with Sampling Methods Permissible, While Affirming the Prospective Operation of M. Nagaraj v. Union of India.

28 Jan 2022

The judgment arose from a batch of cases challenging reservation in promotions for Scheduled Castes and Scheduled Tribes under Article 16(4-A) of the ...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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 Partly Allows Appeals in Arbitration Dispute Over Interest and Contract Interpretation. The Court held that arbitral tribunals have the power to award compound interest under Section 31(7) of the Arbitration and Conciliation Act, 1996, and that a Memorandum of Understanding merged into an Implementation Agreement for arbitration purposes based on contractual terms.

7 Jan 2022

The Supreme Court addressed two civil appeals arising from a common judgment of the High Court of Himachal Pradesh in an arbitration dispute between U...

Supreme Court

Supreme Court Upholds High Court's Decree Granting Letters of Administration in Will Dispute. Will Proved in Accordance with Law, No Suspicious Circumstances Found Under Section 68 of Indian Evidence Act, 1872 and Section 63 of Indian Succession Act, 1925.

10 Dec 2021

The case involves a dispute over the estate of E. Srinivasa Pillai, who died on 19th January 1978. The plaintiffs, C. Saradambal (widow of the testato...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case, Reversing Acquittal Based on Technical Defects in Complaint Format. The Court held that a complaint filed by a company's Managing Director describing himself as such in the cause title, accompanied by a Board Resolution authorizing him to file the complaint, satisfies the requirement under Section 142(a) of the Negotiable Instruments Act, 1881, that the complaint must be made by the payee or holder in due course.

10 Nov 2021

The dispute arose from the dishonour of eight cheques totaling Rs. 1,60,000 issued by Dayashankar Prasad Chaurasia in favor of M/s. Bell Marshall Tele...

Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

Supreme Court

Supreme Court Allows Bank's Appeal in Service Law Dispute Over Promotion Denial Under Sealed Cover Procedure. Promotion Correctly Denied from Earlier Date When Disciplinary Proceedings Resulted in Minor Penalty of Censure as Per Staff Circular No.118 and Judicial Precedents.

30 Sep 2021

The dispute originated from the respondent employee's promotion consideration in November 1984 while employed with the appellant bank in Middle Manage...

Supreme Court

Supreme Court Quashes Convictions Under Section 326 IPC Based on Compromise Between Parties. Non-compoundable Offences Can Be Quashed Under Section 482 CrPC When Dispute is Private and Settled, Following Principles from Gian Singh and Laxmi Narayan Cases.

29 Sep 2021

The Supreme Court considered two criminal appeals involving convictions under Section 326 of the Indian Penal Code, 1860, which is a non-compoundable ...

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