Search Results for "binding precedent"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...

Search Results for "binding precedent"

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Supreme Court

Supreme Court Allows Appeals in VAT/GST Pre-deposit Dispute — Holds That Proof of Payment Can Be Produced Before First Hearing. The Court ruled that the requirement to deposit 12.5% of the disputed tax under the second proviso of Section 19 of the APGST Act, 1957 does not mandate payment within the limitation period for filing the appeal, but only before the appeal is first taken up for consideration.

10 Jul 2019

The Supreme Court considered a batch of civil appeals arising from orders of the Appellate Authority under the APGST Act, 1957, AP VAT Act, 2005, and ...

Supreme Court

Supreme Court Allows Appeal of Lecturer Against Termination by Private Unaided College for Violation of Section 35(2) of Uttar Pradesh State Universities Act, 1973. Prior Approval of Vice-Chancellor Mandatory Before Dismissal of Teacher.

8 May 2019

The appellant, Lal Bahadur Gautam, was a lecturer in a private unaided college affiliated to Chaudhary Charan Singh University, Meerut, governed by th...

Supreme Court

Supreme Court Allows State's Appeal in OAS Recruitment Case — No Right Accrues from Mere Recommendation. Mere recommendation for promotion does not confer a vested right; abolition of cadre and repeal of rules extinguishes any claim.

3 May 2019

The Supreme Court allowed the appeals filed by the State of Orissa against the judgment of the Orissa High Court which had directed the State to conve...

Supreme Court

Supreme Court Clarifies Prospective Overruling in Bonus Marks Case for Teacher Appointments in Rajasthan. The Court held that only writ petitioners who moved the High Court before November 18, 1999, are entitled to relief, and appointments made before that date are saved.

30 Apr 2019

The Supreme Court of India heard two civil appeals arising from conflicting decisions of the Rajasthan High Court regarding the interpretation of the ...

Supreme Court

Supreme Court Allows Appeal of Manufacturer in Central Excise Valuation Dispute — Voluntary Charitable Donation (Dharmada) Not Part of Transaction Value Under Section 4 of Central Excise Act, 1944. Court Holds That Only Consideration for Sale of Goods or Additional Consideration in Connection with Sale Can Be Included; Voluntary Payment for Charity Falls Outside Scope.

9 Apr 2019

The appellant-assessee, M/s D.J. Malpani, manufactured goods falling under Chapter 24 of the Central Excise Act, 1944. While selling goods, the appell...

Supreme Court

Supreme Court Remands Case to High Court for Fresh Consideration in Arbitration Application Dispute — Partnership Deed Clause and Unregistered Partnership Issue. The Court held that the High Court erred in not considering the precedent in Krishna Motor Service vs. H.B. Vittala Kamath regarding the maintainability of an application under Section 20 of the Arbitration Act, 1940 in respect of an unregistered partnership.

4 Apr 2019

The Supreme Court allowed the appeal filed by the legal representatives of the original defendants against the judgment of the Allahabad High Court. T...

Supreme Court

Supreme Court Refers to Larger Bench Question of Maintainability of Review Petition After Dismissal of SLP in Limine. The issue is whether a review petition is maintainable before the High Court after the Supreme Court dismisses a special leave petition without granting leave, particularly when the dismissal is in limine and by a non-speaking order.

1 Mar 2019

The case arises from a money suit filed by the respondent (a cooperative sugar factory under liquidation) against the appellant (Khoday Distilleries L...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

6 Feb 2019

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

Supreme Court

Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

5 Feb 2019

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

Supreme Court

Supreme Court Upholds High Court Order Quashing Chairman's Stay on Tribunal Proceedings — Chairman of Central Administrative Tribunal Cannot Stay Proceedings Pending Before a Division Bench While Sitting Singly. The Court held that the Chairman's power under Section 5(6) read with Section 25 of the Administrative Tribunals Act, 1985 does not extend to staying proceedings before a co-ordinate Bench.

1 Feb 2019

The Supreme Court dismissed the appeal filed by All India Institute of Medical Sciences (AIIMS) against the Uttarakhand High Court's order quashing th...

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