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Supreme Court

Supreme Court Allows Management's Appeal in Service Termination Case Due to Compliance with Rule 37(6) of Maharashtra Employees of Private Schools Rules. The Court held that the Enquiry Committee's combined report, signed by all members including a dissenting member, satisfied procedural requirements, distinguishing the case from Vidya Vikas Mandal.

9 Jul 2019

The dispute arose from the termination of services of the original respondent, a Head Mistress, after a disciplinary enquiry. A charge-sheet with 53 c...

Supreme Court

Supreme Court Allows Impleadment of Non-Signatory Group Company in Arbitration Under Group of Companies Doctrine. The court held that a non-signatory parent company can be bound by an arbitration agreement when the mutual intention of the parties is to bind both signatory and non-signatory entities, based on factors such as relationship, commonality of subject matter, and composite nature of transactions.

1 Jul 2019

The petitioner, Reckitt Benckiser (India) Private Limited, filed a petition under Sections 11(5), 11(9), and 11(12)(a) of the Arbitration and Concilia...

Supreme Court

Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

27 May 2019

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Allows Landlord's Appeal in Slum Area Eviction Case — High Court's Remand Set Aside as Appellate Authority Had Adequately Considered Section 22(4) Factors. The Court held that the High Court ought not to have interfered under Article 227 when the Appellate Authority had considered the relevant factors under Section 22(4) of the Maharashtra Slum Areas Act, 1971 and the eviction decree had attained finality.

10 May 2019

The appellant, Kumud w/o Mahadeorao Salunke, was the landlord of premises governed by the Maharashtra Slum Areas (Improvement, Clearance and Re-develo...

Supreme Court

Supreme Court Disposes Appeals in TWAD Board Daily Wage Workers Case — Compensation in Lieu of Reinstatement Upheld. Back Wages and Compensation Treated as Full and Final Settlement for NMR Workers Terminated in 1990.

10 May 2019

The appeals arose from a judgment of the Madras High Court affirming a Labour Court award directing reinstatement with 50% back wages for ten NMR (Nom...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

10 May 2019

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

Supreme Court

Supreme Court Allows Appeals in Abolition of Posts Case: Termination Due to Abolition of Posts Does Not Require Prior Approval Under Section 18 of Rajasthan Non-Government Educational Institutions Act, 1989. The court held that Section 18 applies only to disciplinary actions, not to bona fide abolition of posts due to financial constraints.

9 May 2019

The Supreme Court considered appeals by Khetri Vikas Samiti, a society running educational institutions, against the reinstatement of employees termin...

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