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Supreme Court

Supreme Court Allows University Appeal in CAS Promotion Date Dispute — Service in Affiliated College Not Counted for Promotion Prior to Joining University. The Court held that the effective date of promotion under CAS cannot be antedated to a period when the teacher was not on the rolls of the University or its constituent college.

17 Dec 2020

The Supreme Court allowed the appeal filed by Karnataka University against the judgment of the Karnataka High Court which had directed that the effect...

Supreme Court

Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

26 Nov 2020

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

Supreme Court

Supreme Court Allows Restoration of Land Under West Bengal Restoration of Alienated Land Act, 1973 — Transfer in Distress and Agreement for Reconveyance Established. The Court held that transferors' stated purposes constituted distress and the agreement for reconveyance was valid, entitling them to restoration under Section 4 of the Act.

2 Nov 2020

The case involves an appeal by the original transferors of land (Renuka Dey and others) against the dismissal of their application for restoration of ...

Supreme Court

Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute — Seat of Arbitration Determined as Hong Kong Based on Clause 17.2 of MoU.

5 Mar 2020

The petitioner, Mankastu Impex Private Limited, an Indian company, and the respondent, Airvisual Limited, a Hong Kong company, entered into a Memorand...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

Supreme Court

Supreme Court Considers Whether Refund Claim Under Customs Act Requires Appeal Against Assessment Order. Self-Assessment Under Section 17 and Amendment to Section 27 by Finance Act 2011 Examined.

18 Sep 2019

The Supreme Court heard a batch of appeals filed by assessees and the Union of India against judgments of various High Courts and the Customs, Excise ...

Supreme Court

Supreme Court Allows State's Appeal in Land Title Dispute, Holds Res Judicata Not Applicable to Findings in Dismissed Suits. The State was not required to appeal findings in suits dismissed against it, and such findings do not bar the State from contesting the same issue in a related suit where a decree was passed against it.

9 Aug 2019

The Supreme Court considered appeals against a High Court order that dismissed the State's appeal in a land title dispute on grounds of res judicata. ...

Supreme Court

Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

8 Apr 2019

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute — Venue Designation as Bhubaneswar Constitutes Exclusive Seat for Supervisory Court. Madras High Court Erred in Assuming Jurisdiction Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Parties' Agreement Fixing Bhubaneswar as Venue/Seat.

1 Jan 2019

The appeal arose from a dispute between Brahmani River Pellets Limited (appellant) and Kamachi Industries Limited (respondent) concerning a contract f...

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