Search Results for "Beneficial Provision"

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Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...
Supreme Court Dismisses Appeals of Para-Teachers Seeking Regularisation in Jhark...
Supreme Court Allows Appellant in Karnataka SC/ST Land Transfer Case Due to Lach...
Supreme Court Allows Collaborator's Arbitration Request Despite No Privity of Co...
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Search Results for "Beneficial Provision"

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Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Dismisses Employer's Appeals in Industrial Dispute Over Transfer Orders. Transfer Orders Declared Illegal for Violating Section 9A of Industrial Disputes Act, 1947 as They Constituted Illegal Change Without Notice and Altered Work Nature.

26 Oct 2021

The dispute arose from transfer orders dated 13.01.2015 issued by Caparo Engineering India Ltd., the employer, transferring nine workmen from its Dewa...

Supreme Court

Supreme Court Dismisses Employees' Appeal in Gratuity Amendment Case, Upholding Prospective Application and Tax Deduction. The Court held that the Payment of Gratuity (Amendment) Act, 2010 applies prospectively from its notified date of 24.5.2010, not retrospectively from 1.1.2007, and that the cut-off date does not create an arbitrary classification as gratuity is a one-time payment distinct from pension.

13 Aug 2021

The appeal arose from a dispute involving employees of Coal India Limited challenging the High Court of Jharkhand's order dated 27.7.2016, which decli...

Supreme Court

Supreme Court Directs Governments to Provide Ex Gratia Compensation for Covid-19 Deaths Under Disaster Management Act. The court held that Section 12 of the Disaster Management Act, 2005 imposes a mandatory obligation to recommend guidelines for ex gratia assistance, and financial constraints cannot override statutory and constitutional duties under Article 21 of the Constitution.

30 Jun 2021

The Supreme Court of India heard two writ petitions filed in public interest by Reepak Kansal and Gaurav Kumar Bansal against the Union of India and o...

Supreme Court

Supreme Court Dismisses Appeals in MSMED Act Arbitration Cases on Limitation and Counterclaim Issues. The Court held that the Limitation Act, 1963 applies to arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and counterclaims are maintainable under Section 23(2A) of the Arbitration and Conciliation Act, 1996, affirming the High Court's remand and arbitrator appointment orders.

29 Jun 2021

The Supreme Court of India addressed two consolidated civil appeals involving arbitration proceedings under the Micro, Small and Medium Enterprises De...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Financial Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. Approval of Resolution Plan by Committee of Creditors Based on Commercial Wisdom is Not Subject to Judicial Review on Grounds of Security Interest Value Omission, as Per Section 30(4) and Limited Scope Under Section 61(3).

13 May 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the corporate debtor VSP Udyog Private Limited. The appellan...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Secured Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The Court upheld the commercial wisdom of the Committee of Creditors in approving a resolution plan, ruling that consideration of security interest value under Section 30(4) is a guideline not subject to judicial review under Section 61(3), absent unfair treatment within the same class.

13 May 2021

The dispute arose from the corporate insolvency resolution process of VSP Udyog Private Limited, where India Resurgence ARC Private Limited, a secured...

Supreme Court

Supreme Court Upholds Sub-Classification Within Scheduled Castes for Reservation in Punjab Act. State can provide preferential treatment to more backward castes without tinkering with Presidential List under Article 341.

27 Aug 2020

The Supreme Court considered the constitutional validity of Section 4(5) of the Punjab Scheduled Caste and Backward Classes (Reservation in Services) ...

Supreme Court

Supreme Court Allows Default Bail Under Section 167(2) CrPC Despite COVID-19 Pandemic — Order Dated 23.03.2020 Does Not Extend Period for Filing Charge Sheet. The right to default bail is indefeasible and cannot be frustrated by the prosecution's failure to file charge sheet within the statutory period.

16 Jun 2020

The appellant, S. Kasi, was arrested on 21.02.2020 in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2), and 414(2) IPC. He was lod...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

24 Apr 2020

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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