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Supreme Court

Supreme Court Upholds Acquittal in TADA Case Due to Invalid Sanction — Prior Sanction Under Section 20A(2) TADA Must Show Application of Mind. The Designated Court's finding of non-application of mind in sanction order was upheld, and the prosecution could not proceed under TADA.

27 Feb 2019

The State of Gujarat appealed against the acquittal of three respondents by the Designated Judge, Jamnagar, in Special TADA Case Nos.3/1994, 3/1997, a...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

Supreme Court

Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

26 Feb 2019

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...

Supreme Court

Supreme Court Allows Carrying Cost in Change in Law Claims Under PPA — Restitutionary Principle Upheld. Article 13.2 of Power Purchase Agreement Entitles Generating Company to Carrying Cost from Date of Change in Law Till Approval.

25 Feb 2019

The case involves appeals by Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (Haryana Discoms) and Gujarat Urja Vika...

Supreme Court

Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

18 Feb 2019

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

Supreme Court

Supreme Court Holds Auction Purchaser Not Liable to Pay Unearned Increase to DDA in Compulsory Acquisition Case. Conversion Charges Refunded as Property Conveyed Was Freehold, Not Leasehold.

12 Feb 2019

The Supreme Court of India heard two cross-appeals arising from a judgment of the Delhi High Court dated 30.03.2016 in LPA No.226 of 2014. The dispute...

Supreme Court

Supreme Court Allows Union of India's Appeals in Air Force Officers' Premature Separation Cases. Officers Cannot Withdraw PSS Application After Availing Pre-Release Course Under Human Resource Policy.

29 Jan 2019

The Supreme Court heard a batch of appeals concerning four officers of the Indian Air Force who applied for Premature Separation from Service (PSS) un...

Supreme Court

Supreme Court Allows Compensation Claim for Bus Driver's Accidental Death Under Employee's Compensation Act - Notional Extension of Employment Applied to Death Occurring After Duty Hours at Bus Terminus. The court held that a bus driver's death from falling off the bus roof after a meal at the terminus was in the course of employment due to the requirement to stay with the bus 24 hours, applying the doctrine of notional extension under Section 3 of the Employee's Compensation Act, 1923.

22 Jan 2019

The appellants, Leela Bai and another, are the legal heirs of the deceased bus driver who died in an accident on 18.07.2010 at Burhanpur bus stand. Th...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

22 Jan 2019

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the orders were invalid as they undermined the independence of the CBI Director.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23rd October 2018. The first order was passed by the Centra...

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