Search Results for "Unjust enrichment"

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Supreme Court

Supreme Court Dismisses Employer's Appeal in Industrial Dispute Over Compulsory Retirement Without Approval. Termination Declared Void Under Section 33(2)(b) of Industrial Disputes Act, 1947, Due to Failure to Obtain Prior Approval, Leading to Reinstatement with Back Wages.

24 Sep 2021

The dispute arose from the compulsory retirement of the respondent, a Museum Assistant, by the appellant, National Gandhi Museum, in 2004 following mi...

Supreme Court

Supreme Court Upholds Arbitral Award in Favor of Concessionaire in Airport Metro Express Line Dispute. The court held that the Delhi High Court's interference under Section 37 of the Arbitration and Conciliation Act, 1996 was unjustified, as the Arbitral Tribunal's findings on defects and material breach in the concession agreement were based on evidence and within its jurisdiction.

9 Sep 2021

The Supreme Court of India addressed civil appeals arising from a dispute between Delhi Airport Metro Express Pvt. Ltd. (DAMEPL), the appellant and co...

Supreme Court

Supreme Court Allows State Appeal in Electricity Duty Exemption Case: Promissory Estoppel Not Applicable Due to Lack of Clear Representation and Public Interest. The court held that the Industrial Policy 2012 did not create an enforceable right to retrospective exemption, and the notification under Section 9 of the Bihar Electricity Duty Act, 1948 was validly made prospective.

1 Dec 2020

The Supreme Court allowed the appeal filed by the State of Jharkhand against the judgment of the Jharkhand High Court, which had directed the State to...

Supreme Court

Supreme Court Grants Immunity to NBCC from Legal Proceedings in Amrapali Group Case — Dismisses Modification Plea for Interest Waiver by Royalgolf Link City Projects Private Limited. Court held that NBCC, as court-appointed project management consultant, is immune from being impleaded in other forums, and that interest on diverted homebuyer funds is necessary to prevent unjust enrichment.

10 Jun 2020

The Supreme Court disposed of multiple interlocutory applications in the ongoing Amrapali Group matter. In I.A. No.49238 of 2020, NBCC (I) Ltd., appoi...

Supreme Court

Supreme Court Dismisses SLP Against Rejection of Review in Arbitration Dispute — Earlier SLP Against Main Judgment Dismissed Without Liberty. Principle of Finality Bars Subsequent Challenge to Review Order.

22 May 2020

The Supreme Court dismissed special leave petitions filed by Patel Engineering Ltd. against the High Court of Meghalaya's order rejecting their review...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

Supreme Court

Supreme Court Dismisses Appeal of Employer Seeking Exclusion of Retired Railway Employees from EPF Coverage. Retired Employees Who Withdrew Full GPF Accumulations Are Not 'Excluded Employees' Under Paragraph 2(f) of the Employees' Provident Funds Scheme, 1952, as the Term 'Fund' Refers Only to the EPF Fund Established Under the Act.

26 Mar 2019

The case involves an appeal by Modern Transportation Consultation Services Pvt. Ltd. and its director against the judgment of the Division Bench of th...

Supreme Court

Supreme Court Allows Appeal in Telecom Dispute Over Quantum Meruit Claim Under Section 70 of Indian Contract Act, 1872 — Contractual Relationship Bars Quantum Meruit Recovery. The Court held that where parties are governed by an express contract, a claim under Section 70 of the Indian Contract Act, 1872 is not permissible, as the section applies only in the absence of a contractual relationship.

27 Feb 2019

The appeal arose from a dispute under the Telecom Regulatory Authority of India Act, 1997, between Mahanagar Telephone Nigam Ltd. (appellant) and Tata...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) of the Central Excise Act, 1944 is distinct from that of the manufacturer, and the benefit of the second proviso (duty paid under protest) does not extend to the buyer.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central excise duty paid by ...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B(1) Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) is distinct from the manufacturer's right, and the benefit of the second proviso (waiver of limitation for duty paid under protest) does not extend to the buyer.

20 Feb 2019

The Supreme Court dismissed a batch of appeals filed by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central exci...

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