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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 Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

3 Apr 2020

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

Supreme Court

Supreme Court Upholds NGT Decision Quashing Ex Post Facto Environmental Clearances Under EIA Notification 1994. Circular dated 14 May 2002 Allowing Retrospective Clearances Held Invalid as Prior Environmental Clearance is Mandatory Under Section 3 of Environment Protection Act 1986.

1 Apr 2020

The case involves appeals against the judgment of the National Green Tribunal (NGT) dated 8 January 2016, which quashed a circular issued by the Union...

Supreme Court

Supreme Court Allows Appeal by Power Distribution Company in Electricity Dues Recovery Case — Auction Purchaser Liable for Previous Owner's Outstanding Electricity Dues Under Specific Auction Clauses. The Court held that where an auction notice explicitly mentions electricity dues and absolves the secured creditor of liability, the auction-purchaser must clear those dues before seeking a new connection.

14 Feb 2020

The respondent, M/s. Srigdhaa Beverages, was the successful auction-purchaser of a mineral water bottling plant owned by M/s. SB Beverages Private Lim...

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 Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

1 Jan 2020

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case — Insurance Company Held Liable Despite Bus Being Under Corporation's Control. The Court distinguished earlier precedent and held that under the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation even when the vehicle is under the control of a state transport corporation.

1 Jan 2020

The appeal arose from a motor accident claim where a 45-year-old cyclist was killed after being hit by a bus on 16.08.2001. The bus was owned by a pri...

Supreme Court

Supreme Court Dismisses Appeals by Private Company and Directors in Coal Scam Case, Upholds CBI Investigation. Post-Facto Consent Under Section 6 of DSPE Act Valid for Public Servants Not Named in FIR, Private Individuals Lack Locus to Challenge Investigation.

1 Jan 2020

The Supreme Court dismissed appeals challenging the Allahabad High Court's order upholding CBI investigation in a coal scam case. The case arose from ...

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