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Supreme Court

Supreme Court Allows Appeal in Excise Duty Exemption Case — NCCD, Education Cess and Secondary & Higher Education Cess Not Payable When Basic Excise Duty Exempted. Exemption Notification Under Section 5A of Central Excise Act, 1944 Covers NCCD as Duty of Excise, and Surcharges on Excise Duty Cannot Be Levied Without Substratum.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (appellant) and the Union of India (respondent) regarding the liability to pay National Cal...

Supreme Court

Supreme Court Allows Appeal in Part — NCCD Payable Despite Excise Duty Exemption, Education Cess and Secondary & Higher Education Cess Not Payable. The Court held that Education Cess and Secondary & Higher Education Cess, being surcharges on excise duty, cannot be levied when basic excise duty is exempted, but NCCD, being an independent duty of excise, is payable.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (the appellant) and the Union of India regarding the liability to pay National Calamity Con...

Supreme Court

Supreme Court Upholds State's Power to Prohibit Export of Sand Under MMDR Act - Gujarat Rules Restricting Inter-State Sand Movement Held Valid. The Court held that the prohibition on export of sand was a reasonable restriction under Article 304(b) of the Constitution, aimed at preventing illegal mining and conserving natural resources.

1 Mar 2019

The case involves appeals by the State of Gujarat against the Gujarat High Court's judgment striking down Rules that prohibited the export of ordinary...

Supreme Court

Supreme Court Hears Appeals on Inclusion of Special Allowances in Basic Wages for Provident Fund. The court considered whether special allowances paid by establishments to employees fall within 'basic wages' under Section 2(b)(ii) read with Section 6 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

28 Feb 2019

The Supreme Court heard a batch of appeals raising a common question of law: whether special allowances paid by establishments to their employees fall...

Supreme Court

Supreme Court Allows Appeal of Ramakrishna Mission Against High Court's Finding of Amenability to Writ Jurisdiction. Service Dispute Held Purely Contractual, Not Involving Public Duty.

28 Feb 2019

The Supreme Court allowed the appeal filed by Ramakrishna Mission and its hospital against the judgment of the Gauhati High Court, which had held that...

Supreme Court

Supreme Court Upholds Reinstatement of Contract Workers in BHEL Case — Contract Labour Arrangement Held Sham Due to Direct Control and Supervision by Principal Employer. The Court affirmed that workmen performing identical duties under BHEL's supervision were entitled to reinstatement without backwages under the Uttar Pradesh Industrial Disputes Act, 1947.

20 Feb 2019

The case involves appeals by Bharat Heavy Electricals Ltd. (BHEL) against a judgment of the Uttarakhand High Court dismissing its writ petition challe...

Supreme Court

Supreme Court Directs Timely Filling of Vacancies in Information Commissions to Ensure Effective Implementation of Right to Information Act, 2005. The Court held that the right to information is a fundamental right under Article 19(1)(a) and that vacancies in Information Commissions must be filled promptly to prevent backlogs and ensure transparency.

15 Feb 2019

This Public Interest Litigation was filed under Article 32 of the Constitution of India seeking effective implementation of the Right to Information A...

Supreme Court

Supreme Court Allows Appeal Against Single L-1BF License for Imported Foreign Liquor in Haryana. Rule 24(i-eeee) of Haryana Liquor License Rules, 1970 Held Ultra Vires Punjab Excise Act, 1914 as State Government Cannot Delegate Power to Determine Number of Licenses for Entire State.

12 Feb 2019

The appellant, International Spirits and Wines Association of India, challenged Rule 24(i-eeee) of the Haryana Liquor License Rules, 1970 (as amended ...

Supreme Court

Supreme Court Allows Appeal Against Single L-1BF License for Imported Foreign Liquor in Haryana — Rule 24(i-eeee) Held Ultra Vires Punjab Excise Act, 1914. State Government's Exclusive Power Under Section 58(2)(e) to Regulate Licenses in Local Areas Cannot Be Delegated to Financial Commissioner.

12 Feb 2019

The appellant, International Spirits and Wines Association of India, challenged Rule 24(i-eeee) of the Haryana Liquor License Rules, 1970, as amended ...

Supreme Court

Supreme Court Refers Conflict on Compassionate Appointment Scheme to Larger Bench in State Bank of India vs. Sheo Shankar Tewari. Two lines of precedent on whether pending applications are governed by the scheme in force at the time of death or at the time of consideration require reconciliation.

8 Feb 2019

The respondent's father, an employee of the State Bank of India, died in harness on 11.11.2004. The respondent applied for compassionate appointment o...

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