Search Results for "constitution bench"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...

Search Results for "constitution bench"

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Supreme Court

Supreme Court Quashes High Court Order Summoning Accused Under Section 319 CrPC Due to Insufficient Evidence and Casual Approach. High Court Erred in Setting Aside Trial Court's Rejection of Application Without Adhering to Principles Requiring Strong and Cogent Evidence from Trial Evidence Under Section 319 of Code of Criminal Procedure, 1973.

10 Mar 2022

The appeal arose from a criminal case involving the murder of Nitin, where the complainant sought to summon the appellant as an accused under Section ...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Second Appeal and Remands Case for Reconsideration Under Correct Legal Provision. The Court held that the High Court erred by interfering with findings of fact and not applying Section 41 of the Punjab Courts Act, 1918, which governs second appeals in Punjab and Haryana, leading to remand without merits adjudication.

10 Mar 2022

The dispute originated from a suit filed by the plaintiffs (respondent Nos. 1 and 2) seeking declaration of title and prohibitory injunction against t...

Supreme Court

Supreme Court Dismisses Appeals in Service Promotion Dispute Under Civil Service Rules. Promotion Rights Are Limited to Consideration According to Rules, Not Vested Entitlements, and Delay Does Not Create Retrospective Benefits Under the National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil Service) Rules, 2003.

8 Mar 2022

The appeals arose from challenges by the respondents before the High Court and Central Administrative Tribunal regarding promotion rights under servic...

Supreme Court

Supreme Court Upholds Employer in Modified Assured Career Progression Scheme Dispute Over Application Date. The Court set aside the Delhi High Court's direction to apply the MACP scheme from 01-01-2006, holding that the scheme's effective date of 01-09-2008 under the office memorandum dated 19-05-2009 was valid, and employees not completing 24 years of service by that date were not entitled to benefits under the superseded ACP scheme.

8 Mar 2022

The Supreme Court addressed a batch of appeals concerning the applicability date of the Modified Assured Career Progression Scheme (MACP) introduced b...

Supreme Court

Supreme Court Dismisses State's Appeal in Excise Duty Dispute Over Non-Potable Weak Spirit. State's Authority to Levy Excise Duty is Limited to Alcoholic Liquors for Human Consumption Under Entry 51 List II of the Constitution, While Non-Potable Spirit Falls Under Central Power Under Entry 84 List I.

3 Mar 2022

The appeals arose from a common judgment of the High Court of Orissa, which allowed writ petitions filed by the respondent-company and set aside deman...

Supreme Court

Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

3 Mar 2022

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

Supreme Court

Supreme Court Reverses High Court's Quashing of Criminal Proceedings Due to Erroneous Limitation Computation. For computing limitation period under Section 468 CrPC, relevant date is date of filing complaint (10.07.2012), not date Magistrate takes cognizance (04.12.2012), making prosecution maintainable as complaint filed within 3 years from offence date (04.10.2009).

28 Feb 2022

The Supreme Court addressed an appeal challenging the Madhya Pradesh High Court's order quashing criminal proceedings on limitation grounds. The appel...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

22 Feb 2022

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...

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