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Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Resumption Notice — High Court's Dismissal of Writ Petition Set Aside. The Court Held That the High Court Erred in Dismissing the Writ Petition on the Ground of Disputed Questions of Title When the Earlier Division Bench Had Already Declared the Resumption Notice Illegal Under the Same Facts.

15 Mar 2019

The dispute pertains to a property in Pune, originally owned by Burjorji Goostadji and Cooverbai Homi Karani, who sold it to Mohammad Hajjibhoy in 192...

Supreme Court

Supreme Court Sets Aside Orders Rejecting Summoning of Additional Accused Under Section 319 CrPC — Remands for Fresh Consideration. The Court held that the Trial Court and High Court failed to properly apply the principles of Section 319 CrPC, which requires the court to ensure that real culprits are not left unpunished, and directed fresh consideration of the application to summon additional accused persons.

15 Mar 2019

The appeal arises from a criminal revision where the complainant challenged the rejection of his application under Section 319 CrPC to summon addition...

Supreme Court

Supreme Court Dismisses Appeals by Postal Department, Holds Gramin Dak Sewaks Entitled to Gratuity Under Payment of Gratuity Act, 1972. Voluntary Resignation Does Not Bar Gratuity as Section 4(1)(b) of the Act Overrides Rule 6(13) of the Gramin Dak Sewak (Conduct & Engagement) Rules, 2011.

15 Mar 2019

The Supreme Court considered two appeals arising from the Punjab & Haryana High Court concerning the entitlement of Gramin Dak Sewaks (GDS) to gratuit...

Supreme Court

Supreme Court Upholds Life Ban on Cricketer in BCCI Spot-Fixing Case — Disciplinary Committee's Findings Based on Audio Recordings and Commissioner's Report Upheld. The Court held that the standard of proof in domestic disciplinary proceedings is preponderance of probabilities, and the BCCI's decision was not perverse.

15 Mar 2019

The Supreme Court dismissed the appeal filed by cricketer S. Sreesanth challenging the life ban imposed by the Board of Control for Cricket in India (...

Supreme Court

Supreme Court Allows Appeal of Punjab Urban Planning and Development Authority, Sets Aside Regularization of Daily Wager Obtained by Fraud. Fraudulent Entry into Service Vitiates the Entire Regularization Process, and Such an Employee Is Not Entitled to Protection Under Industrial Disputes Act, 1947.

15 Mar 2019

The Supreme Court allowed the appeal filed by the Punjab Urban Planning and Development Authority (PUDA) against the judgment of the Punjab & Haryana ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case Due to High Court Exceeding Jurisdiction Under Section 100 CPC. High Court's Reappreciation of Evidence in Second Appeal Quashed as Beyond Scope of Substantial Question of Law.

13 Mar 2019

The present appeal arises from a property dispute between the original plaintiff (respondent) and the original defendants (appellants) concerning the ...

Supreme Court

Supreme Court Allows Appeal of Export Credit Guarantee Corporation in Insurance Claim Dispute — Exclusion Clause for Collecting Bank's Default Applies. The court held that the loss arose from the default of the collecting bank, BHCI, which released documents without acceptance, and thus the insurer was not liable under the Shipments Policy.

13 Mar 2019

The case involves a dispute between the Export Credit Guarantee Corporation of India Ltd. (ECGC), the appellant, and M.S. Creations, the first respond...

Supreme Court

Supreme Court Dismisses HUDA's Appeal Due to Inordinate Delay of 1942 Days in Filing Second Appeal. Statutory Authority's Negligence in Timely Filing Does Not Constitute Sufficient Cause Under Section 5 of Limitation Act.

12 Mar 2019

The case involves an appeal by the Haryana Urban Development Authority (HUDA) against the dismissal of their second appeal by the Punjab & Haryana Hig...

Supreme Court

Supreme Court Upholds 10% Deposit Condition in Arbitration Clause as Valid in Commercial Contracts. Clause requiring deposit-at-call of 10% of claim amount before invoking arbitration is not arbitrary or discriminatory under Article 14.

11 Mar 2019

The case arose from a tender issued in 2008 by the Punjab State Water Supply & Sewerage Board for water supply and sewerage projects. The appellant, M...

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