Search Results for "Binding Precedent"

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Supreme Court

Supreme Court Dismisses Employer's Appeal in Compassionate Appointment Case Due to Excessive Delay and Non-Compliance with Policy. Compassionate Appointment Cannot Be Granted After 24 Years as It Defeats the Objective of Providing Immediate Relief to the Family of a Deceased Employee.

30 Sep 2022

The dispute arose from a compassionate appointment claim by the respondent, daughter of a deceased employee who died in 1995 while working as a loadin...

Supreme Court

Supreme Court Dismisses Banks in RTI Disclosure Challenge Due to Finality of Previous Judgment. Writ Petitions by Banks Against RBI's Directions Under Right to Information Act, 2005 Found Non-Maintainable as They Effectively Challenge Settled Judicial Decision in Reserve Bank of India vs. Jayantilal N. Mistry (2016) 3 SCC 525.

30 Sep 2022

The Supreme Court of India, in a batch of writ petitions led by Writ Petition (Civil) No. 1159 of 2019, addressed challenges by various banks, includi...

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

Supreme Court

Supreme Court Refers Conflict on Taxability of Tobacco Products to Constitution Bench for Clarification on Precedent Doctrine. Dispute Involves Whether Pan Masala Containing Tobacco Covered Under Additional Duties of Excise Act, 1957 is Exempt from State Sales Tax Under Various State Enactments.

19 Sep 2022

The Supreme Court considered a batch of appeals concerning the taxability of pan masala containing tobacco and gutka under various State sales tax act...

Supreme Court

Supreme Court Dismisses Promoter's Appeals in Consumer Disputes Under RERA Due to Binding Precedent on Remedies for Delayed Possession. The National Commission's Reliance on Imperia Structures Ltd. v. Anil Patni & Another Was Upheld, as Section 18 of the Real Estate (Regulation and Development) Act, 2016 Provides Allottees Unqualified Rights to Refund or Interest for Delay.

28 Mar 2022

The appeal arose from a judgment and order dated 11.10.2021 passed by the National Consumer Disputes Redressal Commission in Consumer Case No.1043 of ...

Supreme Court

Supreme Court Quashes Calcutta High Court's Order Appointing Arbitrator Due to Lack of Territorial Jurisdiction. Territorial Jurisdiction for Section 11 Application Under Arbitration and Conciliation Act, 1996 Depends on Court as Defined in Section 2(1)(e), Not Merely on Seat Designation in Arbitration Clause.

24 Mar 2022

The appeals arose from orders of the Calcutta High Court dated 13 August 2021 and 4 October 2021. The appellant and respondent had entered into a deve...

Supreme Court

Supreme Court Allows Landowner's Appeal Against High Court's Grant of Additional Acquisition Time in Town Planning Case. Statutory timelines under Sections 126 and 127 of Maharashtra Regional and Town Planning Act, 1966 are mandatory and courts cannot extend them beyond prescribed periods, setting aside direction for one-year additional acquisition time after reservation lapsed.

23 Mar 2022

The dispute concerned land reserved for a playground in Latur's Development Plan under the Maharashtra Regional and Town Planning Act, 1966. The appel...

Supreme Court

Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

16 Mar 2022

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

Supreme Court

Supreme Court Dismisses Writ Petition in University Appointment Case Due to Non-Binding UGC Regulations. Appointment of Vice Chancellor Upheld as Sardar Patel University Act, 1955 Does Not Prescribe Qualifications and State Has Not Adopted UGC Regulations Through Legislation.

3 Mar 2022

The dispute involved a writ petition under Article 32 of the Constitution challenging the appointment of respondent No.4 as Vice Chancellor of Sardar ...

Supreme Court

Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

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