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Supreme Court

Supreme Court Allows Appeal in Child Custody Case, Setting Aside High Court's Habeas Corpus Order. The Court Held that Habeas Corpus is Not Appropriate for Custody Disputes and the Welfare of the Child is Paramount Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Requiring a Fresh Assessment by a Family Court.

12 Jan 2022

The appeal arose from a dispute between a wife (appellant no.1) and husband (respondent no.1) over the custody of their minor son, a US citizen born i...

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 Sets Aside High Court Order Denying Maintenance to Wife and Reducing Child Support in Hindu Marriage Act Case. Maintenance Must Be Freshly Determined Based on Comprehensive Assessment of Income, Assets, and Circumstances, Including Impact of COVID-19 on Earnings, Under Section 24 of Hindu Marriage Act, 1955.

6 Jan 2022

The Supreme Court heard appeals against a judgment and order dated 19.04.2018 passed by the High Court of Judicature at Madras in civil revision petit...

Supreme Court

Supreme Court Dismisses Appeals in Terminal Excise Duty Refund Dispute Under Foreign Trade Policy. Export Oriented Units Not Entitled to Refund as Procurement from Domestic Tariff Area Units Was Ab Initio Exempt from Excise Duty Under Paragraphs 6.2(b) and 6.11(c)(ii) of Foreign Trade Policy, 2009-2014.

4 Jan 2022

The dispute involved appeals by Export Oriented Units (EOUs) challenging the refusal of refund claims for Terminal Excise Duty (TED) paid on excisable...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case and Remands Matter to Arbitrator for Additional Reasons Under Section 34(4) of Arbitration and Conciliation Act, 1996. The Court held that lack of detailed reasons in an arbitral award regarding illegal termination of contract is a curable defect, permitting remission to the arbitrator for elimination of grounds for setting aside.

3 Jan 2022

The appeal arose from an order of the High Court of Judicature at Bombay dismissing a Notice of Motion filed by the appellant under Section 34(4) of t...

Supreme Court

Supreme Court Modifies High Powered Committee Recommendations in Chardham Highway Project Case to Balance Development and Environmental Protection. The court held that widening of highways in ecologically sensitive Himalayan region must be subject to strict environmental safeguards and monitoring.

14 Dec 2021

The case concerns the Chardham Mahamarg Vikas Pariyojna, a project by the Ministry of Road Transport and Highways to widen approximately 900 km of nat...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

Supreme Court

Supreme Court Allows Waiver of Six-Month Waiting Period Under Section 13B(2) of Hindu Marriage Act in Mutual Consent Divorce Case. Court Holds That Statutory Cooling Period Is Directory and Can Be Waived When Marriage Has Irretrievably Broken Down and Parties Have Been Separated for Over One Year.

13 Dec 2021

The Supreme Court allowed an appeal against the judgment of the Punjab and Haryana High Court which had upheld the Family Court's refusal to waive the...

Supreme Court

Supreme Court Upholds Ex-Post Facto Approval of Charge Memorandum in Disciplinary Proceedings. The Court held that a charge memorandum issued without prior approval of the disciplinary authority can be validated by subsequent ex-post facto approval under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

6 Dec 2021

The appellant, Sunny Abraham, was an Assistant Commissioner of Income Tax against whom disciplinary proceedings were initiated on 19th September 2002 ...

Supreme Court

Supreme Court Disposes Transfer Petition in Hindu Marriage Case Upon Respondent's Withdrawal Application. The Court allowed the respondent's application to withdraw the underlying petition, rendering the transfer petition infructuous, with liberty for revival if withdrawal is not effected.

3 Dec 2021

The dispute originated from a transfer petition filed in the Supreme Court concerning a Hindu Marriage Petition. The petitioner sought transfer of the...

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