Search Results for "Binding Precedent"

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Supreme Court

Supreme Court Allows Appeal in Property Partition Dispute, Reversing High Court's Decision on Self-Acquired Property Status. The Court held that the High Court exceeded jurisdiction under Section 100 CPC by deciding a factual issue, and the property was self-acquired as purchased after partition using own funds, not joint family funds.

22 Apr 2025

The dispute involved a property partition suit among family members. The appellant, as Defendant No.2, purchased the suit property from Defendant No.1...

Supreme Court

Supreme Court Quashes High Court Order in Civil Appeal Under Article 227 of Constitution of India. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree Without Examining Sufficient Cause Under Order IX Rule 13 CPC and by Acting as Appellate Court.

22 Apr 2025

The appeal arose from a High Court judgment dated 1 May 2024 allowing a writ petition under Article 227 of the Constitution of India filed by the resp...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

Supreme Court

Supreme Court Dismisses Petition by Retired Employees in Pension Scheme Dispute, Upholding State's Authority to Repeal Welfare Measure with Cut-off Date. Denial of Pensionary Benefits Under Himachal Pradesh Corporate Sector Employees Scheme, 1999, After Repeal on 02.12.2004, is Valid as It Does Not Alter Accrued Rights Under Employees' Provident Fund Scheme, 1995.

16 Apr 2025

The dispute involved three retired officers of the Himachal Pradesh State Forest Development Corporation Limited, a state-owned entity, who filed a pe...

Supreme Court

Supreme Court Allows Insurance Company's Appeal in Motor Accident Compensation Case Regarding Deduction of Compassionate Assistance. Compensation under Motor Vehicles Act, 1988 must exclude amounts received under Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 to avoid double payment, following binding precedent under Article 141 of Constitution.

8 Apr 2025

The Supreme Court addressed an appeal concerning the computation of compensation under the Motor Vehicles Act, 1988 when the dependents had also recei...

Supreme Court

Supreme Court Allows Appeal in Service Dismissal Case, Reinstating Dismissal Order Quashed by High Court. The Court Held That Approval of Charge-Sheet by Competent Authority at Issuance Stage Is Not Mandatory If Initiation of Proceedings Was Approved, Under Civil Services Rules and Precedents.

28 Mar 2025

The dispute arose from the dismissal of a civil service officer in Jharkhand following disciplinary proceedings for misconduct involving dishonesty, f...

Supreme Court

Pension Rights of Temporary Employees Under a Government Scheme

20 Mar 2025

Constitution of India, 1950 – Article 32 – Writ Petition Against Pension Denial – Applicability of Fundamental Rules – Parity With Government ...

Supreme Court

Insolvency and Bankruptcy Code, 2016 – Income Tax Demands Post Approval of Resolution Plan – Statutory Dues Not Forming Part of the Resolution Plan Stand Extinguished. Once a Resolution Plan is duly approved under Section 31(1) of the Insolvency and Bankruptcy Code, 2016, all claims not forming part of the plan shall stand extinguished, including statutory dues owed to the Government. No fresh demands can be enforced thereafter.

20 Mar 2025

Statutory dues not forming part of the approved Resolution Plan stand extinguished, and no fresh claims can be raised post-approval. A successful Reso...

Supreme Court

Supreme Court Restores Eviction Decree Against Tenant — Reaffirms Scope of Second Appeal Jurisdiction

6 Mar 2025

The Apex Court upheld the concurrent findings of the Trial Court and First Appellate Court — Clarified the principles governing the scope of Second ...

Supreme Court

Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

4 Mar 2025

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

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