Search Results for "Merits"

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Supreme Court Allows Labourer's Appeal in Workmen's Compensation Case and Restores Interest Award. High Court Erred in Deleting Interest After Dismissing Insurer's Time-Barred Appeal, as Interest Under Section 4A of Workmen's Compensation Act, 1923 is Payable from Date of Accident, Not Adjudication.

The appeal arose from a judgment of the High Court of Orissa dated 11 April 2018 in FAO No 358 of 2018. The first appellant, a labourer engaged for lo...

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Supreme Court Quashes Criminal Complaint in Bigamy Case Under Section 482 CrPC Due to Abuse of Process. Family Court's Binding Finding That Accused Had No Prior Subsisting Marriage Renders Complaint Under Sections 494 and 495 IPC Meritless, Preventing Reagitation of Decided Issue.

The appeal arose from a judgment of a Single Judge of the Gauhati High Court dated 4 April 2018, which dismissed an application under Section 482 of t...

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Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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Supreme Court Dismisses Commissioner's Appeal in Customs Case Due to Jurisdictional Defect in Show Cause Notice. Directorate of Revenue Intelligence Lacked Authority to Issue Notice Without Specific Entrustment Under Section 6 of Customs Act, 1962, Making Entire Proceeding Invalid.

The dispute involved an appeal filed by the Commissioner of Customs against a judgment of the Custom Excise Service Tax Appellate Tribunal. The backgr...

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Supreme Court Upholds Bank's Dismissal of Employee in Disciplinary Proceedings for Fraud and Misconduct. Disciplinary Proceedings Evaluated on Preponderance of Probabilities, Not Criminal Standards, Under Bipartite Settlement and Evidence Act Provisions.

The dispute arose from the dismissal of a bank employee following departmental proceedings initiated by the appellant-Bank, a nationalized entity, aga...

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Supreme Court Dismisses Appeal in Police Promotion Case Under Punjab Police Rules, 1934. Inspector General's Approval is Mandatory for Finalizing Promotion List Under Rule 13.7(14), and Promotion Under 10% Quota Requires State-Level Comparative Merit Assessment Under Rule 13.7(9).

The dispute arose from a civil appeal filed by a constable in the Haryana Police against the denial of retrospective promotion to the post of Head Con...

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Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....