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Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal Mandate in International Commercial Arbitration Involving Share Dispute and Insolvency Moratorium. The court extended the time for the arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, due to a moratorium under the Insolvency and Bankruptcy Code, 2016, which stayed proceedings and was subsequently lifted.

5 Jan 2023

The dispute arose from an international commercial arbitration between Tata Sons Pvt Ltd (applicant) and Siva Industries and Holdings Ltd (first respo...

Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Inadequate Reasoning. High Court's grant of bail under Section 302 IPC set aside for lack of cogent reasons and failure to consider material factors like accused's conduct and threats to witnesses.

10 Mar 2022

The dispute arose from a bail application in a murder case under Section 302 of the Indian Penal Code, 1860. The complainant, brother of the deceased,...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Quashes Appointment of Widow Candidate in LDC Recruitment Due to Lack of Essential Qualification at Prescribed Date. Eligibility for Lower Division Clerk post required Rajasthan State Certificate in Information Technology (RSCIT) by last date of application, and subsequent acquisition did not confer eligibility under Rule 266-A of Rajasthan Panchayati Raj Rules, 1996, which applies only to appointed candidates.

2 Feb 2022

The dispute arose from a recruitment process for Lower Division Clerk (LDC) positions initiated by advertisement dated 15.02.2013, requiring Rajasthan...

Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. The court allowed the petition after the petitioners paid stamp duty and penalty under the Karnataka Stamp Act, 1957, curing the defect in the unstamped Hotel Management Agreement containing the arbitration clause.

25 Jan 2022

The petition was filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, by Intercontinental Hotels Group...

Supreme Court

Supreme Court Upholds Termination of Railway Employment Scheme Due to Constitutional Infirmities. The Court held that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff violated Articles 14 and 16 of the Constitution as a back-door entry mechanism, and its termination by the Railway Board was justified, with no vested rights accruing to affected parties.

25 Jan 2022

The dispute centered on the constitutional validity and termination of the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety S...

Supreme Court

Supreme Court Dismisses Appeals in Terminal Excise Duty Refund Dispute Under Foreign Trade Policy. Export Oriented Units Not Entitled to Refund as Procurement from Domestic Tariff Area Units Was Ab Initio Exempt from Excise Duty Under Paragraphs 6.2(b) and 6.11(c)(ii) of Foreign Trade Policy, 2009-2014.

4 Jan 2022

The dispute involved appeals by Export Oriented Units (EOUs) challenging the refusal of refund claims for Terminal Excise Duty (TED) paid on excisable...

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