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Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

1 Feb 2022

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

Supreme Court

Supreme Court Quashes Bail Order in Economic Offence Case Due to Inadequate Consideration of Serious Allegations. High Court's Bail Grant Set Aside as It Failed to Assess Nature of Accusation and Evidence Under Sections 409, 420, 467, 468, 471, and 120B IPC Involving Siphoning of Rs. 25 Crores Through Shell Companies.

28 Jan 2022

The appeal arose from a bail order dated 14.09.2020 passed by the High Court of Delhi, which granted bail to Respondent No. 2 in connection with FIR N...

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 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 Retired Employees in Cooperative Bank Pension Dispute - Pension Scheme Cannot Be Unilaterally Discontinued After Employees Have Opted and Availed Benefits Under Punjab State Cooperative Agricultural Development Banks Employees Pension, Family Pension and General Provident Fund Rules, 1989. The Court held that pension is a deferred wage and accrued right, and amendments to service rules under Section 84A(2) of Punjab Cooperative Societies Act, 1961 must be prospective, protecting employees' legitimate expectations.

11 Jan 2022

The dispute arose from the Punjab State Cooperative Agricultural Development Bank Ltd.'s decision to discontinue a pension scheme introduced in 1989 f...

Supreme Court

Supreme Court Dismisses Appeal in Cooperative Society Plot Allotment Dispute Due to Lack of Maintainability and Unclean Hands. Dispute Raised by Non-Members and Rival Claimants Under Section 61 of Andhra Pradesh Cooperative Societies Act, 1964 Was Not Maintainable as It Did Not Touch Constitution, Management or Business of Society.

11 Jan 2022

The appeal arose from a dispute over allotment of a plot measuring 3.2 cents in a layout formed by the N.G.O. Cooperative Building Society Ltd. The Go...

Supreme Court

Supreme Court Remands Resolution Professional's Fee Dispute to NCLT for Reasoned Determination Under Insolvency and Bankruptcy Code, 2016. The Court held that the adjudicating authority has jurisdiction under Section 60(5)(c) to determine insolvency resolution process costs, but both NCLT and NCLAT failed to exercise it properly by not considering the claim's basis or reasonableness, leading to an order of remand.

5 Jan 2022

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 30 July 2020, concerning the payment of costs and expenses incur...

Supreme Court

Supreme Court Allows Bank's Appeal in Disciplinary Proceedings Over Defence Representative Eligibility. The Court held that service regulations and handbook provisions restricting defence representatives to serving employees must be upheld, and permitting retired employees as representatives is not permissible under the governing rules.

4 Jan 2022

The dispute arose from a departmental inquiry initiated by Rajasthan Marudhara Gramin Bank against an employee, who was working as Cashier-cum-Clerk a...

Supreme Court

Supreme Court Partly Allows Appeals in Income Tax Dispute Over Disallowance of Fees and Taxes Under Section 40(a)(iib) of Income-tax Act, 1961. The Court upheld the High Court's finding that gallonage fee, licence fee, and shop rental for FL9 licences were disallowable as exclusive levies on a State Government undertaking, while those for FL1 licences were not exclusive, and surcharge on sales tax and turnover tax were not fees or charges under Section 40(a)(iib) of the Income-tax Act, 1961.

3 Jan 2022

The appeals arose from a common judgment of the High Court of Kerala in income tax matters involving Kerala State Beverages Manufacturing & Marketing ...

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