Search Results for "Binding Precedent"

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Supreme Court

Supreme Court Allows Government Appeal in Land Acquisition Case Due to Lack of Locus Standi by Subsequent Purchaser. Subsequent Purchasers Cannot Challenge Acquisition or Its Lapsing Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as Established by Binding Precedents.

24 Mar 2023

The dispute arose from a land acquisition matter where the Government of NCT of Delhi appealed against a High Court judgment that declared the acquisi...

Supreme Court

Supreme Court Addresses Caste Certificate Verification and Affinity Test in Scheduled Tribe Claims Under Maharashtra Act. The Court examines procedural guidelines and the role of affinity tests in determining caste claims, referencing prior judicial directives and legislative frameworks.

24 Mar 2023

The dispute centered on the verification of caste certificates for Scheduled Tribes in Maharashtra, involving procedural guidelines and the role of th...

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 Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

Supreme Court

Supreme Court Allows Government Appeal in Land Acquisition Lapse Case Under Section 24(2) of 2013 Act. Acquisition Proceedings Do Not Lapse When Possession Has Been Taken, Following Constitution Bench Ruling in Indore Development Authority That Interprets 'Or' as 'Nor' or 'And' in Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

13 Mar 2023

The Supreme Court heard an appeal by the Government of NCT of Delhi and others against a judgment of the Delhi High Court. The High Court had allowed ...

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 Allows Appeal by Development Authority in Land Acquisition Lapse Case Under RFCTLARR Act, 2013. High Court's declaration of deemed lapse under Section 24(2) set aside as twin conditions of possession not taken and compensation not paid must be cumulatively satisfied, and non-payment alone does not trigger lapse.

24 Feb 2023

The dispute arose from a land acquisition matter where the Delhi Development Authority appealed against a High Court judgment that declared the acquis...

Supreme Court

Supreme Court Dismisses Appeal in Regularization Case Due to Failure to Meet Umadevi Criteria. Daily Wage Employee Not Entitled to Regularization as Initial Appointment Was Not by Competent Authority and No Sanctioned Post Existed, Following Binding Precedent from Constitution Bench Decision.

8 Feb 2023

The appeal concerned a daily wage employee seeking regularization in government service. The appellant had been engaged as a Supervisor on daily rated...

Supreme Court

Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

3 Jan 2023

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

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...

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