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Supreme Court

Supreme Court Allows Appeal in Pension Interest Case — No Interest on Delayed DCRG and CVP When Judicial Proceedings Were Pending at Retirement. Rule 4 of Central Civil Services (Commutation of Pension) Rules, 1981 disentitles commutation during pendency of judicial proceedings.

8 Mar 2019

The case pertains to an appeal by the Chief General Manager, Gujarat Telecom Circle, Bharat Sanchar Nigam Ltd. and others against the judgment of the ...

Supreme Court

Supreme Court Upholds State's Power to Prohibit Export of Sand Under MMDR Act - Gujarat Rules Restricting Inter-State Sand Movement Held Valid. The Court held that the prohibition on export of sand was a reasonable restriction under Article 304(b) of the Constitution, aimed at preventing illegal mining and conserving natural resources.

1 Mar 2019

The case involves appeals by the State of Gujarat against the Gujarat High Court's judgment striking down Rules that prohibited the export of ordinary...

Supreme Court

Supreme Court Holds Section 15J Factors Illustrative in SEBI Penalty Adjudication. Adjudicating Officer Retains Discretion to Consider Mitigating Circumstances Beyond Stipulated Factors Under SEBI Act.

28 Feb 2019

The Supreme Court of India adjudicated a reference arising from multiple civil appeals concerning the interpretation of Section 15J of the Securities ...

Supreme Court

Supreme Court Quashes Summoning of Appellants Under Section 319 CrPC in Dowry Death Case — Dying Declaration Only Named One Accused, General Allegations Insufficient. No Prima Facie Case for Section 302 IPC or Dowry Offences Against Appellants.

27 Feb 2019

The Supreme Court allowed the appeals against the order of the High Court of Judicature at Allahabad which had affirmed the trial court's order summon...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

Supreme Court

Supreme Court Sets Aside High Court Order for Perjury Proceedings in Matrimonial Case — Allegations of False Statements in Anticipatory Bail Application Not Deliberate Falsehood on Matter of Substance. The Court held that initiation of perjury proceedings under Section 340 CrPC requires a prima facie case of deliberate falsehood based on unimpeachable evidence, and the High Court's order was vitiated by suppression of material facts.

26 Feb 2019

The present appeal arises from a judgment of the Bombay High Court dated 07.03.2018, which directed initiation of proceedings under Section 340 CrPC a...

Supreme Court

Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

26 Feb 2019

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...

Supreme Court

Supreme Court Allows Carrying Cost in Change in Law Claims Under PPA — Restitutionary Principle Upheld. Article 13.2 of Power Purchase Agreement Entitles Generating Company to Carrying Cost from Date of Change in Law Till Approval.

25 Feb 2019

The case involves appeals by Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (Haryana Discoms) and Gujarat Urja Vika...

Supreme Court

Supreme Court Upholds Reinstatement of Contract Workers in BHEL Case — Contract Labour Arrangement Held Sham Due to Direct Control and Supervision by Principal Employer. The Court affirmed that workmen performing identical duties under BHEL's supervision were entitled to reinstatement without backwages under the Uttar Pradesh Industrial Disputes Act, 1947.

20 Feb 2019

The case involves appeals by Bharat Heavy Electricals Ltd. (BHEL) against a judgment of the Uttarakhand High Court dismissing its writ petition challe...

Supreme Court

Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

18 Feb 2019

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

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