Search Results for "Retrospective Effect"

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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 Dismisses Appeal in Pension Benefits Case Under Regularisation Rules. Employee Not Entitled to Old Pension Scheme as Initial Appointment Was on Contract Basis and Regularisation Was Prospective Under Rule 6 of Regularisation Rules, 2011.

28 Feb 2023

The dispute centered on the entitlement of an employee to pensionary benefits under the old pension scheme following the regularisation of his service...

Supreme Court

Supreme Court Quashes Post-Result Reduction of Qualifying Marks in Recruitment Process Due to Arbitrary Exercise of Power. The court held that recruitment rules cannot be altered after the game has begun, and horizontal reservation must be applied as per advertisement terms, not treated as vertical reservation post-facto.

20 Feb 2023

The dispute arose from a recruitment process for Supervisor Instructor Class III posts in Gujarat, where the Departmental Selection Committee, followi...

Supreme Court

Supreme Court Allows Appeal in Pay Revision Discrimination Case Against Maharashtra State Financial Corporation - Fixation of Cut-off Date for Fifth Pay Commission Benefits to Retired Employees Held Arbitrary Under Article 14 of the Constitution. The court ruled that denying benefits to employees who retired between 01.01.2006 and 29.03.2010, while granting retrospective benefits from 01.01.2006 to those in service on 29.03.2010, constitutes hostile discrimination as all formed a homogenous class during the revision period.

2 Feb 2023

The Supreme Court heard an appeal concerning the fixation of a cut-off date for implementing Fifth Pay Commission recommendations for employees of the...

Supreme Court

Supreme Court Allows ESI Corporation's Appeal in ESI Act Coverage Dispute Over Retrospective Application of Amendment. The Court held that the insertion of Section 1(6) of the Employees' State Insurance Act, 1948 applies prospectively from 20.10.1989, making establishments liable for contributions post that date regardless of employee count, and demand notices for such periods are valid without retrospective effect.

20 Jan 2023

The dispute arose from a demand notice issued by the Employees' State Insurance Corporation (ESI Corporation) to a cinema theatre for contributions un...

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 Upholds State in Irrigation Restoration Charges Dispute Due to Estoppel and Contractual Obligation. The court held that a party who signs a contract and issues an undertaking accepting a consideration is estopped from later challenging it, based on principles of estoppel under the Indian Contract Act, 1872.

13 Jan 2023

The dispute arose between the State of Maharashtra and a power company over the levy of irrigation restoration charges for diverting water from agricu...

Supreme Court

Supreme Court Allows Bank's Appeal in Service Dismissal Case, Reinstating Penalty Imposed Post-Retirement. Disciplinary Proceedings Under Rule 19(3) of SBIOSR, 1992 Were Deemed Concluded Before Superannuation, Making Retrospective Dismissal Valid Despite Officer's Retirement During Stay of High Court Order.

9 Jan 2023

The dispute arose from disciplinary proceedings against a bank officer who was suspended in 1993 for various lapses, leading to a dismissal order in 1...

Supreme Court

Supreme Court Partially Allows Appeal in Service Law Case Regarding Back Wages for Reinstated Employee. The Court enhanced back wages from 50% to 75% for a faultless employee dismissed based on an incompetent authority's caste verification report, later vindicated by the competent authority, under principles of fairness and exceptions to the no work no pay rule.

23 Feb 2022

The dispute originated from the appellant's dismissal from service as a Staff Nurse after a Tahasildar's report questioned her Scheduled Caste status....

Supreme Court

Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

22 Feb 2022

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...

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