Search Results for "Binding Precedent"

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Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case on Applicability of Deposit Condition Under Old Act. The court held that the appeal is governed by the Consumer Protection Act, 1986, as the right of appeal accrued before the 2019 Act came into force, and the deposit of ₹50,000 under Section 23 suffices for entertaining the appeal.

15 Feb 2022

The appeal arose from an order of the National Consumer Dispute Redressal Commission directing the appellant to pay a substantial sum with interest. T...

Supreme Court

Supreme Court Dismisses Appeals in ITI Helper Recruitment Case Upholding Interview Process for Physical Fitness. Recruitment for 4000 ITI Helper positions included viva-voce for assessing job-related physical abilities under existing guidelines, deemed not arbitrary as candidates participated willingly.

7 Feb 2022

The dispute arose from the recruitment process for 4000 ITI Helper (Trainee) positions in Tamil Nadu Generation and Distribution Corporation Ltd. (TAN...

Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

Supreme Court

Supreme Court Quashes High Court Order in MACP Scheme Case Due to Erroneous Interpretation of Grade Pay Entitlement. Employees Entitled to Immediate Next Higher Grade Pay of Rs.5400 Under Clause 8.1 of MACP Scheme and CCS (Revised Pay) Rules, 2008, Not Based on Next Promotional Post.

28 Jan 2022

The dispute arose from a challenge by the Director, Directorate of Enforcement, New Delhi, and another against a High Court order that granted grade p...

Supreme Court

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.

20 Jan 2022

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

Supreme Court

Supreme Court Allows Appeal in Child Custody Case, Setting Aside High Court's Habeas Corpus Order. The Court Held that Habeas Corpus is Not Appropriate for Custody Disputes and the Welfare of the Child is Paramount Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Requiring a Fresh Assessment by a Family Court.

12 Jan 2022

The appeal arose from a dispute between a wife (appellant no.1) and husband (respondent no.1) over the custody of their minor son, a US citizen born i...

Supreme Court

Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

14 Dec 2021

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...

Supreme Court

Supreme Court Allows Appeal in Debt Recovery Case on Limitation Issue - Section 5 of Limitation Act, 1963 Not Applicable to Appeals Under Section 30 of Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Court held that the legislative intent expressly excludes Section 5, making the 30-day appeal period non-condonable, and overruled the High Court's reliance on an earlier precedent.

24 Nov 2021

The dispute arose from an appeal filed by a bank against an order of the Recovery Officer under the Recovery of Debts due to Banks and Financial Insti...

Supreme Court

Supreme Court Allows Landlord's Appeal in Eviction Dispute Under Chennai City Tenants Protection Act, 1921. The Court held that a writ petition under Article 226 of the Constitution is maintainable for eviction when no disputed facts exist, and tenants lose protection under the Act if not in actual physical possession of the building.

11 Nov 2021

The dispute arose from a lease agreement for property in Chennai, initially granted in 1960 and renewed until 31 December 2009. The appellant, the lan...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Director in Minimum Wages Act Case Due to Lack of Vicarious Liability. Complaint Failed to Establish Director Was In-Charge of Company's Business Under Section 22C of Minimum Wages Act, 1948, Making Prosecution Unmaintainable.

29 Oct 2021

The dispute arose from a criminal complaint filed against Dayle De'Souza, a director of Writer Safeguard Pvt. Ltd., alleging violations of the Minimum...

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