Search Results for "High Court jurisdiction"

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Supreme Court

Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

20 Feb 2025

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

Supreme Court

Supreme Court Dismissed Habeas Corpus Petition as Infructuous—Claim of Defamation by Petitioner Held Misconceived. Habeas Corpus—Police Statement on Divorce Decree—Alleged Defamation—No Basis Found

12 Feb 2025

The Supreme Court dismissed the petition. Habeas Corpus petition becomes infructuous once the detenue is located—further inquiry is unnecessary. (Pa...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — High Court Exceeded Section 11 Scope by Excluding Claims as Non-Arbitrable. Court Holds That Referral Court Must Only Examine Existence of Arbitration Agreement, Not Arbitrability of Claims.

1 Jan 2025

The appeal arose from a judgment of the High Court of Delhi dated 06.09.2023, which, while appointing an arbitral tribunal under Section 11 of the Arb...

Supreme Court

Termination of Temporary Employment Cannot Confer Right to Reinstatement Beyond Contractual Term: SC Awards Compensation Instead of Reinstatement. Supreme Court clarifies that temporary employees engaged without a lawful recruitment process cannot claim reinstatement; monetary compensation awarded as an equitable relief.

10 Dec 2024

1. Appointment Terms of the Respondent (Paras 2-3) The respondent was engaged as a Computer Technician on 23.04.2001 for a one-year term or until the...

Supreme Court

SC Appoints Retired Judge to Oversee Elections at Oachira Parabrahma Temple. Safeguarding Ancient Temple Governance: A Step Toward Transparency and Accountability.

3 Dec 2024

The Supreme Court appointed a retired High Court Judge as the Administrative Head/Administrator to oversee elections and administer the affairs of the...

High Court

High Court of Bombay Rules on Jurisdiction in Excise Duty Rebate Claims Bombay High Court establishes jurisdiction for writ petitions filed by companies challenging the rejection of excise duty rebates. Court confirms maintainability of writ petitions in cases involving orders from Revisionary Authorities located within Mumbai.

4 Sep 2024

The Bombay High Court ruled on the issue of territorial jurisdiction regarding excise duty rebate claims. The court held that the writ petitions were ...

Supreme Court

Supreme Court Clarifies High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

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