Search Results for "Statutory interpretation"

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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...
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Search Results for "Statutory interpretation"

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Supreme Court

Supreme Court Dismisses Appeal in Municipal Employee Seniority Dispute Regarding Transferred Teachers. Service rendered by primary teachers in Zilla Parishad must be counted towards seniority after absorption into Municipal Corporation as per Government Resolution dated 13.08.1990 protecting past service for pay fixing, seniority and retirement benefits.

17 Mar 2023

The Supreme Court considered an appeal concerning the seniority rights of primary teachers transferred from Pune Zilla Parishad to Pune Municipal Corp...

Supreme Court

Supreme Court Allows Review Applications in Land Acquisition Cases Based on Overruled Precedent. Court held review maintainable under Article 137 of Constitution of India as subsequent Constitution Bench decision in Indore Development Authority overruled earlier Pune Municipal Corporation decision, altering law and providing sufficient reason for review, with matters restored for fresh consideration on merits.

17 Mar 2023

The Supreme Court dealt with a group of review applications filed by the Government of NCT of Delhi and Delhi Development Authority under Article 137 ...

Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Block Assessment Case on Levy of Interest and Surcharge. Interest under Section 158BFA(1) of Income Tax Act, 1961 upheld for belated filing of block period return despite notice issued under Section 158BD prior to amendment, as provision inherently incorporates Section 158BC procedure.

13 Jan 2023

The Supreme Court addressed a group of appeals concerning the levy of interest under Section 158BFA(1) and surcharge under Section 113 of the Income T...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

Supreme Court

Supreme Court Allows Unmarried Woman's Appeal for Pregnancy Termination Under Medical Termination of Pregnancy Act, 1971 - Interprets Rule 3B to Include Unmarried Women for Termination Up to Twenty-Four Weeks Based on Injury to Mental Health. The Court held that exclusion of unmarried women from Rule 3B violates Article 14 and that reproductive autonomy under Article 21 extends to all women, requiring purposive interpretation of the Act.

29 Sep 2022

The appeal arose from a judgment of the Delhi High Court dated 15 July 2022, where the appellant, an unmarried woman, sought permission to terminate h...

Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

Supreme Court

Supreme Court Upholds State Legislation on Gurdwara Management Under Entry 32 of List II. Haryana Sikh Gurdwara (Management) Act, 2014 Found Constitutionally Valid as It Pertains to Management of Religious Institutions Within State Legislative Competence.

20 Sep 2022

The dispute arose from the enactment of the Haryana Sikh Gurdwara (Management) Act, 2014 by the State of Haryana, which created a separate juristic en...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Arbitrator's Discretion on Post-Award Interest. The Court held that under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the arbitrator has discretion to determine the quantum for post-award interest, and since the award specified interest only on the principal, the statutory default did not apply.

1 Sep 2022

The appeal arose from a judgment of the Delhi High Court dismissing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, which ch...

Supreme Court

Supreme Court Reverses High Court Judgment on Municipal Corporation's Disciplinary Authority Over State-Appointed Officer. Municipal Corporation Held Competent to Suspend Additional Municipal Commissioner Under Section 56 of Maharashtra Municipal Corporations Act, 1949, Despite Appointment by State Government Under Section 39A.

31 Mar 2022

The Supreme Court considered appeals challenging the Bombay High Court's judgment that quashed the suspension and departmental inquiry against an Addi...

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