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Search Results for "precedent"

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Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

3 Jan 2023

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Company and Its Officials in Breach of Trust Case Due to Lack of Prima Facie Evidence. The Court Held That Allegations of Forged Demand and Outstanding Amounts Pertained to Civil Disputes Under Dealership Agreements and Did Not Constitute Criminal Breach of Trust Under Section 406 Indian Penal Code, 1860.

2 Jan 2023

The appeal arose from criminal proceedings initiated by a private complaint alleging criminal breach of trust under Section 406 IPC against Jotun Indi...

Supreme Court

Supreme Court Allows Appeal in Compassionate Appointment Case Due to Excessive Delay and Non-Compliance with Policy. Compassionate Appointment is an Exception to General Recruitment Norms Under Articles 14 and 16 of the Constitution, Aimed at Providing Immediate Relief, Not a Right, and Delay of 24 Years Defeats Its Purpose.

30 Sep 2022

The dispute arose from a compassionate appointment claim by the daughter of a deceased employee who died in 1995 while working as a loading helper. At...

Supreme Court

Supreme Court Dismisses Employer's Appeal in Compassionate Appointment Case Due to Excessive Delay and Non-Compliance with Policy. Compassionate Appointment Cannot Be Granted After 24 Years as It Defeats the Objective of Providing Immediate Relief to the Family of a Deceased Employee.

30 Sep 2022

The dispute arose from a compassionate appointment claim by the respondent, daughter of a deceased employee who died in 1995 while working as a loadin...

Supreme Court

Supreme Court Quashes Detention Order Under PIT NDPS Act Due to Non-Application of Mind and Lack of Live Link. Preventive detention order was invalid as detaining authority failed to consider bail status and relied on stale incidents without contemporary material showing continued prejudicial activity under Section 3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

30 Sep 2022

The appeal arose from a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substanc...

Supreme Court

Supreme Court Allows Appeals by Airport Authority in Tender Dispute, Reinstating Eligibility Criteria for Ground Handling Services. The Court Held That Tender Conditions Fall Within Commercial Wisdom of Authority and Are Not Arbitrary, and an NGO Lacks Locus Standi to Challenge Them Under Article 226 of the Constitution of India.

30 Sep 2022

The dispute arose from a writ petition filed by the Centre for Aviation Policy, Safety & Research (CAPSR) challenging the eligibility criteria in Requ...

Supreme Court

Supreme Court Allows Employer's Appeal in Industrial Dispute Over Termination Approval. Termination Order Upheld as Industrial Tribunal's Approval Under Section 33(2)(b) of Industrial Disputes Act, 1947 Was Binding and Precluded Fresh Challenge Under Section 10 After Management Proved Misconduct Through Evidence.

30 Sep 2022

The dispute originated from the termination of a workman employed as a conductor by the Rajasthan State Road Transport Corporation. A departmental enq...

Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Non-Application of Mind by High Court. Bail granted without considering seriousness of crime, role of accused, and other relevant factors under Code of Criminal Procedure, 1973, violating principles of reasoned judicial orders.

30 Sep 2022

The dispute arose from a criminal appeal challenging the High Court's bail order in a murder case. The appellant, who lost two sons in the incident, f...

Supreme Court

Supreme Court Partly Allows Appeal in Arbitration Case, Modifying Interest Award Due to Claimant's Delay and Unreasonable Rate. Arbitrator's Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996 Must Be Exercised with Reasons, and Interest Cannot Be Awarded for Periods of Inaction, with Rate Reduced from 18% to 9% and 6%.

30 Sep 2022

The dispute originated from a construction contract awarded in 1971 for building a road link, with completion delayed until 1977. The contractor, afte...

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