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Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Allows Appeal in Compassionate Appointment Case Due to Excessive Delay and Non-Compliance with Policy. Compassionate Appointment is an Exception to General Recruitment Norms Under Articles 14 and 16 of the Constitution, Aimed at Providing Immediate Relief, Not a Right, and Delay of 24 Years Defeats Its Purpose.

30 Sep 2022

The dispute arose from a compassionate appointment claim by the daughter of a deceased employee who died in 1995 while working as a loading helper. At...

Supreme Court

Supreme Court Dismisses Employer's Appeal in Compassionate Appointment Case Due to Excessive Delay and Non-Compliance with Policy. Compassionate Appointment Cannot Be Granted After 24 Years as It Defeats the Objective of Providing Immediate Relief to the Family of a Deceased Employee.

30 Sep 2022

The dispute arose from a compassionate appointment claim by the respondent, daughter of a deceased employee who died in 1995 while working as a loadin...

Supreme Court

Supreme Court Partly Allows Appeal in Arbitration Case, Modifying Interest Award Due to Claimant's Delay and Unreasonable Rate. Arbitrator's Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996 Must Be Exercised with Reasons, and Interest Cannot Be Awarded for Periods of Inaction, with Rate Reduced from 18% to 9% and 6%.

30 Sep 2022

The dispute originated from a construction contract awarded in 1971 for building a road link, with completion delayed until 1977. The contractor, afte...

Supreme Court

Supreme Court Dismisses Appeal in Companies Act Case Due to Lack of Locus Standi and Defunct Company Status. Appellant Failed to Establish Directorship or Aggrieved Person Status Under Section 560(5) of Companies Act, 1956, with Company Deemed Defunct Under Section 3 After Striking Off in 2006.

29 Sep 2022

The appeal arose from a dispute over the striking off of Basanti Cotton Mills (1998) Private Limited's name from the register of the Registrar of Comp...

Supreme Court

Supreme Court Allows Appeal in Service Law Dispute Over Absorption and Salary Components. The court held that gratuity and leave encashment are part of 'salary' under Section 2(r) of the Rajasthan Non-Government Educational Institutions Act, 1989 and the Rajasthan Voluntary Rural Education Service Rules, 2010, entitling the appellants to these payments as per previous Supreme Court order.

26 Sep 2022

The dispute originated from the appellants' appointment as teachers in a senior secondary school, an aided institution under the fifth respondent trus...

Supreme Court

Supreme Court Dismisses Appeal in CRPF Constable Dismissal Case, Upholding Termination for Concealment of Criminal Case. Termination was justified under Rule 5(1) of Central Civil Services (Temporary Service) Rules, 1965, as appellant suppressed pending criminal case in verification form, despite subsequent acquittal, in a disciplined paramilitary force.

26 Sep 2022

The dispute arose from the termination of a Constable in the Central Reserve Police Force (CRPF) for concealing information about a pending criminal c...

Supreme Court

Supreme Court Disposes of Appeals in Seniority Dispute with Directions for Expedited Hearing. Court Maintains Interim Stay and Directs High Court to Dispose of Pending Writ Petition Challenging Seniority Fixation Between Special Recruitment and General Quota Assistant Section Officers.

23 Sep 2022

The dispute originated from a challenge to the fixation of inter se seniority between two batches of directly recruited Assistant Section Officers in ...

Supreme Court

Supreme Court Allows Withdrawal of Insolvency Application Before Committee of Creditors Constitution Based on Settlement. Section 12A of Insolvency and Bankruptcy Code, 2016 Permits Withdrawal by Applicant Before CoC Formation, and Inherent Powers Under Rule 11 of NCLT Rules, 2016 Can Be Exercised for Ends of Justice to Facilitate Settlement.

22 Sep 2022

The appeal arose from an interim order of the National Company Law Appellate Tribunal (NCLAT) in an insolvency matter. The appellant, an erstwhile dir...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

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