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Supreme Court

Supreme Court Allows Appeal by Complainant Bank, Restores Criminal Proceedings Quashed by High Court. High Court Erred in Quashing Charge-Sheet Solely Because Other Alleged Co-Accused Were Not Arraigned; Section 319 CrPC Provides Remedy to Array Additional Accused During Trial.

9 Dec 2021

The appellant, M/s Suvarna Cooperative Bank Ltd, filed a complaint under Section 200 CrPC before the Additional Chief Metropolitan Magistrate, Bangalo...

Supreme Court

Supreme Court Allows Appeals in Seniority Dispute, Quashing High Court Division Bench Judgment. Seniority lists prepared based on date of dispatch of select lists were held arbitrary and contrary to Rule 5 of Uttar Pradesh Government Servants Seniority Rules, 1991, requiring fresh merit-based list.

8 Dec 2021

The dispute arose from seniority lists dated 05.09.2006 and 05.03.2010 for Junior Engineers in the Department of Minor Irrigation, Uttar Pradesh, invo...

Supreme Court

Supreme Court Allows Appeal of Director of Indian System of Medicine Against High Court Orders Upholding KAT Directions to Report Vacancies. Court Holds That KAT Erred in Directing Reporting of 28 Vacancies Without Considering Department's Affidavit That All Vacancies Were Reported and 158 Candidates Appointed.

8 Dec 2021

The Director of Indian System of Medicine and another appealed against the final judgment and orders of the Kerala High Court at Ernakulam dated 24.07...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case: Presumption Under Section 139 NI Act Rebutted by Preponderance of Probabilities. The Court held that the High Court erred in reversing the trial court's acquittal without proper reasoning, as the accused had successfully rebutted the presumption of a legally enforceable debt.

8 Dec 2021

The Supreme Court allowed the appeal filed by K.S. Ranganatha against the judgment of the Karnataka High Court, which had reversed the trial court's a...

Supreme Court

Supreme Court Dismisses Appeal Against RBI Guidelines Prohibiting Merchanting Trade in Banned Goods During Pandemic. Clause 2(iii) of the 2020 MTT Guidelines is a reasonable restriction under Article 19(6) as it serves the legitimate aim of preserving domestic PPE stocks and is not manifestly arbitrary.

6 Dec 2021

The appeal arose from a judgment of the Madhya Pradesh High Court upholding Clause 2(iii) of the Revised Guidelines on Merchanting Trade Transactions ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

6 Dec 2021

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

Supreme Court

Supreme Court Upholds Ex-Post Facto Approval of Charge Memorandum in Disciplinary Proceedings. The Court held that a charge memorandum issued without prior approval of the disciplinary authority can be validated by subsequent ex-post facto approval under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

6 Dec 2021

The appellant, Sunny Abraham, was an Assistant Commissioner of Income Tax against whom disciplinary proceedings were initiated on 19th September 2002 ...

Supreme Court

Supreme Court Sets Aside Condonation of 1011 Days Delay in Filing Second Appeal — Gross Negligence and Lack of Sufficient Cause. Limitation Act Section 5 Requires Sufficient Cause for Entire Period of Delay; Unexplained Delay Cannot Be Condoned.

3 Dec 2021

The appellant, original plaintiff, filed a civil suit for permanent injunction which was dismissed by the Trial Court on 23.04.2016. The First Appella...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

Supreme Court

Supreme Court Dismisses Appeal of University Professor Seeking Reckoning of Bar Practice for Pension — Rule Applicable at Retirement Governs Pension Entitlement. The Court held that the proviso to Rule 25(a) Part III KSR, inserted after the appellant's appointment but before his retirement, validly restricted the benefit to posts requiring Bar experience, and no vested right accrued at appointment.

1 Dec 2021

The appellant, Dr. G. Sadasivan Nair, was appointed as a Lecturer in the School of Legal Studies of Cochin University of Science and Technology on 7th...

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