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Search Results for "Union of India"

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Supreme Court

Supreme Court Allows Appeal in National Security Act Detention Case Due to Procedural Irregularities. Detention Order Set Aside Following Precedent Where Delay in Considering Representation and Failure to Communicate Rejection Vitiated Order Under Section 8(1) of National Security Act, 1980.

24 Jan 2022

The appeal originated from a judgment dated 24 August 2021 of the Division Bench at the Indore Bench of the High Court of Madhya Pradesh, which reject...

Supreme Court

Supreme Court Allows Appeal in National Green Tribunal Act Case Due to Improper Dismissal of Environmental Application. The NGT Erred in Relegating Specific Environmental Grievances to a Committee Without Adjudicating on Merits, Violating Its Statutory Duty Under Sections 14 and 15 of the National Green Tribunal Act, 2010.

21 Jan 2022

The appeal arose from a judgment and order of the Principal Bench of the National Green Tribunal dated 28 September 2018, which dismissed Original App...

Supreme Court

Supreme Court Dismisses State's Appeal in Gujarat Sales Tax Act Case Due to No Breach of Exemption Conditions and Application of Promissory Estoppel. The assessee was entitled to exemption under Entry No.255(2) of Notification dated 05.03.1992 as raw materials were used in the eligible unit, and subsequent amendments did not retroactively impose liabilities, upholding the principle of promissory estoppel under Section 49(2) of the Gujarat Sales Tax Act, 1969.

21 Jan 2022

The dispute arose from the State of Gujarat's appeal against the High Court's dismissal of its tax appeals, which upheld the Gujarat Value Added Tax T...

Supreme Court

Supreme Court Upholds Assistant Professors' Promotion Under DACP Scheme Against Statutory Corporation's Recruitment Regulations. Promotion Governed by DACP Scheme as ESIC Regulations Issued Without Prior Central Government Approval Under Section 17(2)(a) of Employees' State Insurance Act, 1948.

20 Jan 2022

The dispute arose from the promotion of Assistant Professors employed by the Employees' State Insurance Corporation (ESIC) to the post of Associate Pr...

Supreme Court

Supreme Court Upholds Competition Commission of India's Jurisdiction in Bid Rigging Case Involving State Lottery Tenders. The Court affirmed the Commission's authority to investigate allegations of cartelisation and bid rigging under Section 3 of the Competition Act, 2002, while holding that the State's regulatory actions under the Lotteries (Regulation) Act, 1998 do not constitute abuse of dominant position under Section 4.

19 Jan 2022

The dispute originated from a complaint filed with the Competition Commission of India (CCI) by a private company, alleging anti-competitive practices...

Supreme Court

Supreme Court Reinstates Arbitral Award in Construction Contract Dispute Under Arbitration Act, 1940. The Court held that judicial interference in arbitral awards is limited to grounds of error on the face of the award or misconduct, and the High Court exceeded its jurisdiction by re-appreciating evidence on extension of time, termination validity, and idle hire charges.

18 Jan 2022

The dispute arose from a construction contract dated 16th November 1988 between a construction company (appellant-claimant) and the Union of India (re...

Supreme Court

Supreme Court Interprets Section 29A(h) of Insolvency and Bankruptcy Code, 2016 Regarding Guarantor Eligibility. The court held that a person who has executed an enforceable guarantee is not disqualified from submitting a resolution plan unless the guarantee has been invoked, as liability crystallizes upon invocation under the amended provisions.

18 Jan 2022

The Supreme Court was called upon to interpret Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, as amended, concerning the eligibility of a...

Supreme Court

Supreme Court Orders Independent Enquiry into Prime Minister's Security Breach and Appoints Committee to Investigate Lapses. The court directed suspension of parallel government enquiries and preservation of records under the Special Protection Group Act, 1988, to ensure a comprehensive investigation into the incident.

12 Jan 2022

The present Writ Petition was filed by an NGO following a security breach incident on 5 January 2022, during which the Prime Minister's convoy was stu...

Supreme Court

Supreme Court Allows Employee's Appeal in Employment Contract Dispute Over Overseas Deputation Clause. The Court held that a business visit does not constitute deputation under the contract as deputation requires a tripartite consensual agreement and written evidence, which was lacking.

12 Jan 2022

The appeal arose from a judgment of the High Court of Punjab & Haryana in a second appeal, concerning a dispute over an employment contract clause rel...

Supreme Court

Supreme Court Dismisses Landowner's Appeal in Eco-sensitive Zone Case, Upholding NGT's Reliance on Expert Committee Report. The Court affirmed the National Green Tribunal's jurisdiction and application of the precautionary principle under the Environment (Protection) Act, 1986, and National Green Tribunal Act, 2010, regarding the Zonal Master Plan 2030 for Mount Abu.

12 Jan 2022

The Supreme Court addressed appeals under Section 22 of the National Green Tribunal Act, 2010, arising from NGT judgments dated 10 March 2021 and 29 J...

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