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Supreme Court

Supreme Court Allows State's Appeal in OAS Recruitment Case — No Right Accrues from Mere Recommendation. Mere recommendation for promotion does not confer a vested right; abolition of cadre and repeal of rules extinguishes any claim.

3 May 2019

The Supreme Court allowed the appeals filed by the State of Orissa against the judgment of the Orissa High Court which had directed the State to conve...

Supreme Court

Supreme Court Remands Second Appeal to High Court for Non-Compliance with Section 100 CPC — High Court Failed to Answer Substantial Questions of Law. The High Court's order allowing second appeal was set aside because it did not answer the six substantial questions of law framed under Section 100(4) of the Code of Civil Procedure, 1908, and instead discussed extraneous issues.

16 Apr 2019

The appellant, as plaintiff, filed a civil suit for declaration of right, title and interest, confirmation of possession, and permanent injunction aga...

Supreme Court

Supreme Court Allows Appeal in Excise Duty Exemption Case — NCCD, Education Cess and Secondary & Higher Education Cess Not Payable When Basic Excise Duty Exempted. Exemption Notification Under Section 5A of Central Excise Act, 1944 Covers NCCD as Duty of Excise, and Surcharges on Excise Duty Cannot Be Levied Without Substratum.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (appellant) and the Union of India (respondent) regarding the liability to pay National Cal...

Supreme Court

Supreme Court Allows Appeal in Part — NCCD Payable Despite Excise Duty Exemption, Education Cess and Secondary & Higher Education Cess Not Payable. The Court held that Education Cess and Secondary & Higher Education Cess, being surcharges on excise duty, cannot be levied when basic excise duty is exempted, but NCCD, being an independent duty of excise, is payable.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (the appellant) and the Union of India regarding the liability to pay National Calamity Con...

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 Allows Appeal Against High Court's Review Order Directing Re-evaluation of Judicial Service Examination Answer Scripts. Re-evaluation Cannot Be Ordered in Absence of Statutory Provision or Demonstrated Material Error.

6 Feb 2019

The appeal arose from an order of the Gauhati High Court allowing a review petition filed by the first respondent, a candidate in the Tripura Judicial...

Supreme Court

Supreme Court Upholds Conviction of Accused Under Section 304 Part I for Causing Deaths in Property Dispute — High Court's Reversal of Acquittal Upheld as Evidence of Injured Witnesses Was Credible and Unexplained Injuries on Accused Did Not Discredit Prosecution Case

24 Jan 2019

The case arises from a property dispute between two families in Nallappanahalli village, Karnataka. On 15 March 1995, during a survey of houses, a ver...

Supreme Court

Supreme Court Allows Appeal by Rajasthan State Sports Council in Promotion Dispute. Held that promotion criteria applicable as on date of consideration, not vacancy year, under Rule 9(4) of Rajasthan State Sports Council Service Rules, 2006.

21 Jan 2019

The case involves a dispute over promotion to the post of Sports Officer in the Rajasthan State Sports Council. Respondent No. 1, Uma Dadhich, was app...

Supreme Court

Supreme Court Allows Union of India's Appeal Against High Court Direction to Consider Havildars for Promotion to Naib Subedar Under Pre-2011 Rules. Creation of Intermediate Warrant Officer Post Does Not Violate Vested Rights; Promotion Must Be Considered Under Rules in Force at Time of Consideration.

11 Jan 2019

The Supreme Court allowed the appeals filed by the Union of India against the judgment of the High Court of Manipur. The respondents, Havildars in Ass...

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