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Supreme Court

Supreme Court Activates Dormant Constitutional Provision for Appointment of Ad Hoc Judges to Address High Court Backlog. The Court held that Article 224A of the Constitution of India can be utilized to appoint retired High Court judges as ad hoc judges to tackle over 57 lakh pending cases and 40% vacancies, emphasizing dynamic interpretation and consent requirements.

20 Apr 2021

The Supreme Court of India, in a public interest litigation filed by Lok Prahari, addressed the critical issue of backlog in High Courts, with over 57...

Supreme Court

Supreme Court Allows Appeal in Pension Dispute: Patna High Court Had Territorial Jurisdiction to Entertain Writ Petition Challenging Stoppage of Pension. Part of Cause of Action Arose Where Pension Was Received and Stopped, Not Where Employment Was Served.

5 Nov 2020

The appeal arose from a judgment of the Patna High Court dismissing a Letters Patent Appeal against a Single Judge's order that had dismissed a writ p...

Supreme Court

Supreme Court Allows State Appeal in Waqf Board Supersession Case — Upholds Government's Power to Supersede Board Under Section 99 of Waqf Act, 1995 When Elected Members Are Less Than Nominated Members, Rendering Board Unable to Perform Functions. Partial Setting Aside of Supersession Order Is Impermissible; Challenge Barred by Constructive Res Judicata.

9 Sep 2020

The State of Tamil Nadu appealed against a common judgment of the Madras High Court that partially set aside the supersession of the Tamil Nadu Waqf B...

Supreme Court

Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

22 Jul 2020

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

Supreme Court

Supreme Court Upholds High Court's Direction to Release Seized Vehicles in Forest Offence Cases. Magistrate's Power Under Section 451 CrPC Not Ousted by Initiation of Confiscation Proceedings Under Section 52(3) of Indian Forest Act, 1927.

26 Mar 2019

The Supreme Court considered appeals by the State of Madhya Pradesh against High Court orders directing the release of vehicles seized for illegal san...

Supreme Court

Supreme Court Upholds Division Bench Judgment on Interpretation of Section 24 Proviso in Land Acquisition Act. The proviso to Section 24 of the 2013 Act governs Section 24(2), not Section 24(1)(b), as held in Delhi Metro Rail Corporation v. Tarun Pal Singh.

27 Feb 2019

The Supreme Court dismissed the appeals challenging the Division Bench judgment in Delhi Metro Rail Corporation v. Tarun Pal Singh, which held that th...

Supreme Court

Supreme Court Allows Tenant's Appeal in Bombay Tenancy Act Case — Deemed Purchase on Tillers' Day Upheld Despite Landlord's Minority. Landlord's Application for Possession Under Section 31 Having Been Rejected, Tenant Is Deemed Purchaser Under Section 32 Read with Section 29 of the Bombay Tenancy and Agricultural Lands Act, 1948.

12 Feb 2019

The Supreme Court allowed the appeals filed by the tenant, Bayaji Sambhu Mali @ Borate (through LRs), against the judgment of the High Court which had...

Supreme Court

Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

31 Jan 2019

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

Supreme Court

Supreme Court Allows Appeals in Part, Holds Interest on Delayed Payments Act, 1993 Applicable to Contracts Entered Before Its Commencement for Delays Occurring After 23.09.1992. The Court ruled that the Act is retroactive and applies to all payments made after its commencement, and that a suit for interest alone is maintainable.

23 Jan 2019

The Supreme Court considered appeals arising from a common judgment of the Gauhati High Court which had set aside trial court decrees in favor of supp...

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