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Supreme Court

Supreme Court Sets Aside Revisional Order Passed Without Hearing Accused in Complaint Case — Right of Hearing Under Section 401(2) CrPC Upheld. The Court held that the accused is entitled to be heard in a revision against dismissal of complaint under Section 203 CrPC, and the revisional court cannot direct further inquiry without hearing the accused.

18 Jun 2020

The appellant, Subhash Sahebrao Deshmukh, was an accused in a complaint case filed by respondent no.1, Satish Atmaram Talekar, before the Special Metr...

Supreme Court

Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

29 Apr 2020

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

Supreme Court

Supreme Court Allows Appeal in Part in Rajasthan State Road Transport Corporation Case — Resignation Not Convertible to Voluntary Retirement; Gratuity Payable Under Payment of Gratuity Act, 1972. The Court held that voluntary retirement requires acceptance by the appointing authority and pending disciplinary proceedings justify non-acceptance; resignation cannot be converted to voluntary retirement after acceptance and receipt of benefits.

15 Apr 2020

The case involves an appeal by the Rajasthan State Road Transport Corporation against a High Court order directing them to treat the respondent's dece...

Supreme Court

Supreme Court Directs Floor Test in Madhya Pradesh Assembly Amid Resignation Controversy. Governor's Power to Direct Floor Test is Not Binding on Speaker; Resignations Require Verification.

16 Mar 2020

The case arose from a political crisis in Madhya Pradesh where 22 Members of the Legislative Assembly (MLAs) belonging to the Indian National Congress...

Supreme Court

Supreme Court Allows Appeal in Part, Sets Aside Rajya Sabha Election Due to Improper Reception of Vote by Disqualified MLA. Disqualification under Section 8(3) of Representation of People Act, 1951 takes effect from date of conviction, not from start of day, but vote cast before conviction is valid; however, improper reception of vote at counting renders election void.

17 Jan 2020

The case involves an appeal against the dismissal of an election petition challenging the election of Dhiraj Prasad Sahu to the Rajya Sabha from Jhark...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Allows Quashing of Complaint Against Director Who Resigned Before Cheque Issuance — Successive Section 482 Application Maintainable Under Changed Circumstances. Resignation prior to cheque issuance absolves director of liability under Section 138 NI Act, and Form 32 under Companies Act is valid proof of resignation.

30 Jul 2019

The appeal arose from a complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, against the appellant, who wa...

Supreme Court

Supreme Court Dismisses Contempt Petition for Non-Compliance of Undertaking to Vacate Flats in Cooperative Society Dispute. Court Holds That Contemnors' Failure to Vacate Does Not Amount to Willful Disobedience Given Ongoing Proceedings and Status Quo Orders.

8 May 2019

The Supreme Court dismissed contempt petitions filed by Sant Lal Gupta and others against Umesh Kumar Jain and others for alleged willful disobedience...

Supreme Court

Supreme Court Allows Appeal in Pension Dispute Case: Bank Employee Entitled to Pension Despite Joining New Post Without Reporting Back to Parent Department. The Court held that denial of pension under Clause 22(2) of Syndicate Bank Employees Pension Regulations, 1995 was unjustified as there was no interruption in service.

27 Mar 2019

The appellant, Narendra Kumar, joined Syndicate Bank as a Law Officer in 1979. He went on deputation to the Debt Recovery Tribunal (DRT) and Debt Reco...

Supreme Court

Supreme Court Allows LIC Appeal, Denies Pension to Resigned Employee Under Retrospective Pension Rules. Resignation Forfeits Past Service Under Rule 23 of LIC Pension Rules, 1995, and Cannot Be Equated with Voluntary Retirement.

15 Mar 2019

The Supreme Court considered a batch of appeals concerning employees of the Life Insurance Corporation of India (LIC), United India Insurance Company ...

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