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Supreme Court

Supreme Court Partially Allows Appeal for Back Wages in Dismissal Following Acquittal Case. Employee Acquitted of Criminal Charges Entitled to Full Wages for Suspension Period and Back Wages from Acquittal to Reinstatement.

1 Apr 2019

The appellant, Raj Narain, was a Sorting Assistant in Railway Mail Service placed under suspension on 23.10.1979 following allegations of forged payme...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Dismisses Appeal of Former OCS Employees Seeking Government Pension After Absorption in VSNL. Eligibility for Pension Under Office Memorandum Requires Minimum 10 Years of Qualifying Service on Date of Absorption.

15 Mar 2019

The present Civil Appeal arose out of a challenge to the Judgment and Order dated January 13, 2016 passed by the Bombay High Court in Writ Petition No...

Supreme Court

Supreme Court Sets Aside Orders Rejecting Summoning of Additional Accused Under Section 319 CrPC — Remands for Fresh Consideration. The Court held that the Trial Court and High Court failed to properly apply the principles of Section 319 CrPC, which requires the court to ensure that real culprits are not left unpunished, and directed fresh consideration of the application to summon additional accused persons.

15 Mar 2019

The appeal arises from a criminal revision where the complainant challenged the rejection of his application under Section 319 CrPC to summon addition...

Supreme Court

Supreme Court Remands Electricity Theft Case to High Court for Fresh Consideration Under Section 152 of Electricity Act, 2003. Settlement in Lok Adalat does not automatically quash FIR; compounding provisions must be examined.

12 Mar 2019

The appellant, Mukesh Chand, was a consumer of electricity who obtained a connection from BSES Rajdhani Power Limited for his business premises. BSES ...

Supreme Court

Supreme Court Upholds High Court's Compensation for Land Acquisition in Faridabad — Market Value Determined Based on Locational Advantage and Potentiality. The Court affirmed the High Court's use of cumulative increase method for time gap between notifications under Section 4 of the Land Acquisition Act, 1894.

11 Mar 2019

The case involves appeals against the judgment of the Punjab and Haryana High Court regarding compensation for land acquired in Villages Ajronda, Talo...

Supreme Court

Supreme Court Sets Aside NCLAT Order for Violation of Natural Justice in IBC Section 7 Proceedings. The Court held that failure to serve notice under Rule 48 of NCLAT Rules, 2016, vitiated the proceedings and remanded the matter for fresh hearing.

8 Mar 2019

The appeal arose from an order of the National Company Law Appellate Tribunal (NCLAT) dated 08.02.2019, which set aside the order of the National Comp...

Supreme Court

Supreme Court Allows Appeal in Life Insurance Surrender Value Dispute — Computation of Bonus Surrender Value Must Be Based on Approved Formula Under Section 113 of Insurance Act, 1938. The Court Remanded the Matter to National Commission for Fresh Consideration After Insurer Produces the Approved Formula.

7 Mar 2019

The appellant, Anandrao Ramchandra Salunke, obtained a life insurance policy from the Life Insurance Corporation of India (LIC) on 11 November 1993 fo...

Supreme Court

Supreme Court Allows Wife's Appeal in Nullity of Marriage Case Under Special Marriage Act — Remands for Fresh Consideration of Section 24. Marriage Void if Prior Spouse Alive at Time of Marriage, Irrespective of Fraud or Limitation Under Section 25.

6 Mar 2019

The appellant-wife married the respondent-husband on 5 April 2010 under the Special Marriage Act, 1954. The marriage was inter-caste. The appellant al...

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