Search Results for "prospective overruling"

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Supreme Court Reinstates Librarians Terminated Over Invalid Degrees from University Established Under Ultra Vires Act -- Prospective Overruling Principle Applied to Protect Pre-Judgment Qualifications

The Supreme Court allowed three civil appeals filed by librarians terminated by the State of Bihar. The appellants had obtained Bachelor of Library Sc...

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Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

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Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...

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Supreme Court Delivers Landmark Verdict on Retrospective Application of Taxation Law. Balancing Judicial Overruling and Economic Stability: The Doctrine of Prospective Overruling in Focus.

The Supreme Court of India, in a significant ruling, addressed the application of retrospective taxation following its earlier judgment in the Minera...

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Supreme Court Clarifies Prospective Overruling in Bonus Marks Case for Teacher Appointments in Rajasthan. The Court held that only writ petitioners who moved the High Court before November 18, 1999, are entitled to relief, and appointments made before that date are saved.

The Supreme Court of India heard two civil appeals arising from conflicting decisions of the Rajasthan High Court regarding the interpretation of the ...