Search Results for "Prospective Effect"

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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High Court Dismisses Petition by Apprentices Seeking Absorption as Regular Officers Under Apprentices Act, 1961. No Automatic Right to Absorption Exists Under Section 22(1) of the Act, and Employer Retains Discretion in Recruitment, with Writ Jurisdiction Limited to Policy Enforcement.

The petitioners, who were appointed as Graduate Apprentice Trainees by Hindustan Petroleum Corporation Ltd. (HPCL) in 2016-2017, filed a writ petition...

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Deemed Dealer under MVAT Act and Prospective Effect of Tax Liability. High Court of Bombay Decides on Tax Liability of Government-Constituted Trust under Maharashtra Value Added Tax Act, 2002

On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fel...

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Supreme Court Dismissed Appeals Seeking Quashing of FIRs Based on Procedural Lapse – Affirmed Prospective Application of Affidavit Requirement in Section 156(3) CrPC Complaints

a) Judicial decisions are presumed retrospective unless stated otherwise; however, procedural safeguards can be prospective to avoid undue hardship (P...

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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 Upholds Prohibition on Ex Post Facto Environmental Clearance in Environmental Law Case. Prior Environmental Clearance Under Environment (Protection) Act, 1986 and EIA Notification 2006 is Mandatory; Ex Post Facto Clearance Ultra Vires.

The Supreme Court of India considered a group of petitions challenging the validity of ex post facto environmental clearance (EC) granted under the En...

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Court Rules on Bar Council Enrolment Fees: Balancing Statutory Limits and Practical Necessities. Ensuring Accessibility and Fairness in Legal Profession Entry While Addressing Operational Costs

The judgment addresses the issue of whether the enrolment fees charged by State Bar Councils (SBCs) exceed the statutory limits set by Section 24(1)(f...

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Supreme Court Mandates Written Grounds for All Arrests: A Landmark Ruling to Uphold Fundamental Rights. Ruling in Prabir Purkayastha Case Enforces Constitutional Safeguards, Invalidates Oral Justifications for Arrests

The Judgement discusses the Supreme Court's ruling in Prabir Purkayastha vs. State (NCT of Delhi), reinforcing the necessity for arresting authoritie...