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Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Case: Mirashi Tenant's Right of Redemption Extinguished After Land Resumed to Government and Regranted to Mortgagee Under Abolition Act. The Court held that the mortgagee's regrant was independent and not for the benefit of the mortgagor, and the mortgagor's failure to seek regrant extinguished his right of redemption.

17 Apr 2020

The case involves a dispute over the right of redemption of a mortgage concerning watan land. The suit land was originally a Paragana watan property g...

Supreme Court

Supreme Court Upholds Himachal Pradesh's Appointment of Teachers Under Special Schemes Due to Non-Availability of Qualified Candidates and Long Service. The Court held that appointments made under the PAT Scheme, Para Teachers Policy, and Gram Vidya Upasak Yojna were not illegal as they were necessitated by topographical conditions and lack of qualified teachers, and the State could regularise their services.

17 Apr 2020

The case pertains to the validity of appointments of teachers under three special schemes framed by the Government of Himachal Pradesh: the Himachal P...

Supreme Court

Supreme Court Upholds Reassessment Notice Against NDTV in Income Tax Case Due to Failure to Disclose Material Facts. The Court held that the revenue had valid reason to believe that income had escaped assessment based on findings of sham transactions with subsidiaries under Section 147 of the Income Tax Act, 1961.

3 Apr 2020

The appellant, New Delhi Television Limited (NDTV), an Indian company, filed a return for assessment year 2008-09 declaring a loss. The return was pro...

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 Dismisses Appeal Against CBI Investigation in Land Acquisition Fraud Case — Consent of State Government Not Required as Offences Relate to Central Government Company Affairs. The Court held that the general consent notification of 1996 did not require prior state consent for investigating an IAS officer where the offences were committed in connection with the affairs of a Central Government company and the conspiracy was hatched in Delhi.

4 Mar 2020

The Supreme Court dismissed an appeal by Kanwal Tanuj, an IAS officer of the Bihar cadre, against the Patna High Court's order rejecting his petition ...

Supreme Court

Supreme Court Allows Direct Recruits' Appeal in Seniority Dispute with Departmental Promotees — Rules That Date of Selection, Not Appointment, Determines Seniority Under Rule 27 of Rajasthan Commercial Taxes Subordinate Services Rules, 1975. The Court found that the department deliberately accelerated the DP recruitment process to give them an unfair advantage, which was mala fide and impermissible.

24 Jan 2020

The case involved a dispute over seniority between direct recruits (DRs) and departmental promotees (DPs) for the post of Tax Assistants in the Rajast...

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 IBC Section 7 Case — NCLT Cannot Dismiss Petition Without Applying Mind to Merits. Adjudicating Authority Must Determine Default and Admit or Reject Petition Under Section 7, Not Direct Settlement Without Considering Individual Claims.

1 Jan 2020

The present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) arises from a judgment of the National Company Law Appellate Tri...

Supreme Court

Supreme Court Allows Tenant's Appeal in Rent Control Vacancy Dispute — Revision Against Vacancy Order Held Maintainable Despite Earlier Writ Dismissal. The Court held that an order notifying vacancy is only a step in the process of allotment and can be challenged along with the final order under Section 18 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

1 Jan 2020

The appeal arises from a rent control dispute concerning House No.61/8, Ground Floor, Green Pasture View, Landhour Bazar, Mussoorie. Rashid Ahmed was ...

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