Search Results for "enforceable right"

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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 "enforceable right"

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Supreme Court

Supreme Court Reverses High Court Order in Tender Dispute Involving Foreign Sovereign Funding. High Court Erred in Interfering with Technical Bid Rejection Under Article 226 as Project Funded by Japanese Loan with Non-Negotiable Terms Under Memorandum of Understanding.

31 Jan 2022

The dispute arose from a tender process for the Mumbai-Ahmedabad High Speed Rail Project, where the National High Speed Rail Corporation Limited (NHSR...

Supreme Court

Supreme Court Quashes High Court's Mandamus on Reservation Quotas in Medical Admissions, Upholding State Discretion Under Article 15(5). The Court Held That Reservation Policies Are Enabling and Cannot Be Compelled by Writ of Mandamus, Setting Aside Directions for Specific Quotas in Private and Government Institutions.

25 Jan 2022

The Supreme Court addressed appeals by the State of Punjab against a common judgment and order of the Punjab & Haryana High Court. The dispute arose f...

Supreme Court

Supreme Court Dismisses State's Appeal in Gujarat Sales Tax Act Case Due to No Breach of Exemption Conditions and Application of Promissory Estoppel. The assessee was entitled to exemption under Entry No.255(2) of Notification dated 05.03.1992 as raw materials were used in the eligible unit, and subsequent amendments did not retroactively impose liabilities, upholding the principle of promissory estoppel under Section 49(2) of the Gujarat Sales Tax Act, 1969.

21 Jan 2022

The dispute arose from the State of Gujarat's appeal against the High Court's dismissal of its tax appeals, which upheld the Gujarat Value Added Tax T...

Supreme Court

Supreme Court Allows U.P. Housing Authority's Appeal Against Cancellation of Land Release Notification. Fraud by Land Owners in Obtaining Release Justifies Cancellation Without Fresh Acquisition Under Section 21 of General Clauses Act, 1897.

16 Dec 2021

The Supreme Court considered appeals by U.P. Avas Evam Vikas Parishad against a High Court order that set aside a notification cancelling the release ...

Supreme Court

Supreme Court Upholds Project Proponent's Environmental Clearance in Construction Dispute Under Amended EIA Regime. Environmental Clearance Granted by Local Authority Valid as Per Notification Dated 9.12.2016, Protecting Existing Constructions but Requiring Fresh Clearance for Future Expansion.

26 Nov 2021

The dispute centered on the validity of an Environmental Clearance (EC) obtained by a project proponent for a construction project in Maharashtra. The...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Cases Under Consumer Protection Act. The court held that conversion of leasehold to freehold property for a fee constitutes a service under the Consumer Protection Act, 1986, and refusal based on an internal memo without public notification is arbitrary, violating statutory rules.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to process applications for converting leasehold residential plots to freehold status under the Ch...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Dispute Under Consumer Protection Act. The court held that allottees paying conversion fee are consumers under the Consumer Protection Act, 1986, and the Estate Officer's refusal based on an internal memo without public notification was arbitrary under the Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to convert leasehold residential plots in Chandigarh to freehold under the Chandigarh Conversion o...

Supreme Court

Supreme Court Allows Appeal in Service Law Regularization Case, Upholding Legality of Long-Standing Appointment and Right to Regularization Under UP Rules. The Court distinguished between illegal and irregular appointments, applying the Umadevi exception to hold that the appellant's temporary leave vacancy appointment, with requisite qualifications and decades of uninterrupted service, qualified for regularization under the UP Secondary Education Department Regularization of Ad hoc appointments on the Post of Trained Graduate Teachers Rules, 2001.

17 Aug 2021

The dispute arose from the appellant's appointment as Assistant Music Teacher in a government college on a temporary leave vacancy in 1984. She contin...

Supreme Court

Supreme Court Dismisses State's Appeal in Tender Cancellation Case — Violation of Natural Justice as Contractor Not Heard Before Termination of Contract. The Court Held That Principles of Natural Justice Require a Hearing Before Cancelling a Contract Awarded Through Tender, Even If Financial Irregularities Are Alleged.

11 Dec 2020

The case involves appeals by the State of Uttar Pradesh against a High Court judgment that set aside the cancellation of a contract awarded to Sudhir ...

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...

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