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Supreme Court

Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

3 Mar 2023

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

Supreme Court

Supreme Court Allows Appeals by DISCOMs and Generating Companies in Electricity Tariff Dispute — Change in Law Compensation for Coal Shortfall Must Be Computed Based on Actual GCV and SHR as per PPAs.

3 Mar 2023

The judgment involves two civil appeals concerning the determination of compensatory tariff for Change in Law events under long-term Power Purchase Ag...

Supreme Court

Supreme Court Allows Development Authority in Land Acquisition and Urban Scheme Case Due to Valid Delegation and Implementation. Delegation of Power to Collector Under Section 5-A of Land Acquisition Act, 1894, Was Implicit and Valid, and Scheme Did Not Lapse Under Section 54 of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, as Substantial Steps Were Taken Within Three Years.

3 Mar 2023

The Supreme Court heard appeals by the Indore Development Authority (IDA) against a common judgment of the Madhya Pradesh High Court that had quashed ...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

Supreme Court

Supreme Court Modifies Conviction of Accused in Kidnapping Case from Section 364A to Section 363 IPC Due to Insufficient Evidence of Death Threat. The Court found that the prosecution failed to prove the essential ingredient of threat to cause death or hurt under Section 364A of the Indian Penal Code, 1860, leading to a reduction in the severity of the offence.

1 Mar 2023

The Supreme Court addressed appeals by five accused persons whose convictions under Sections 148, 149, and 364A of the Indian Penal Code, 1860, for ki...

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 Petition Seeking Renaming of Historical Places Under Article 32 for Lack of Justiciability and Secular Concerns. The court held that directions to rename places based on historical grievances involve policy matters and could undermine secularism as a basic feature of the Constitution, thus not enforceable under fundamental rights.

27 Feb 2023

The petitioner, appearing in-person, filed a writ petition under Article 32 of the Constitution of India, seeking reliefs including direction to the H...

Supreme Court

Supreme Court Sets Aside High Court's Remand Order in Civil Suit for Cancellation of Sale Deed - Directs Trial Court to Decide Based on Existing Evidence. The Court held that remand for de novo trial was unjustified as the Trial Court had already recorded evidence and decided on merits under Section 103 of the Indian Evidence Act, 1872, with no exceptional circumstances present.

27 Feb 2023

The appeal arose from a common judgment of the High Court of Kerala dated 28.06.2019, which disposed of four appeals related to civil suits between si...

Supreme Court

Supreme Court Allows State's Appeal in Land Acquisition Suit, Restores Dismissal on Limitation Grounds. Suit for Declaration and Compensation Barred by Limitation Under Articles 58 and 72 of Limitation Act, 1963 as Cause of Action Arose in 1987 and Suit Filed in 2003.

24 Feb 2023

The dispute involved a suit filed by the plaintiff against the State of Himachal Pradesh and others seeking declaration, mandatory injunction, and com...

Supreme Court

Supreme Court Allows State's Appeal in Land Acquisition Case with Modified Compensation Directions. Deemed acquisition date set as 17.05.1996 under Section 4 of Land Acquisition Act, 1894, with compensation based on market price at that time but no interest for delay period.

24 Feb 2023

The dispute arose from the State of Himachal Pradesh's use of private land for constructing a road from Banuti to Pahal in 1996 without formal acquisi...

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