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Search Results for "Quash"

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Supreme Court

Supreme Court Allows Appeals in Seniority Dispute, Quashing High Court Division Bench Judgment. Seniority lists prepared based on date of dispatch of select lists were held arbitrary and contrary to Rule 5 of Uttar Pradesh Government Servants Seniority Rules, 1991, requiring fresh merit-based list.

8 Dec 2021

The dispute arose from seniority lists dated 05.09.2006 and 05.03.2010 for Junior Engineers in the Department of Minor Irrigation, Uttar Pradesh, invo...

Supreme Court

Supreme Court Sets Aside High Court Judgment Granting Seniority to Ad Hoc Employees Over Regular Appointees in Subordinate Judiciary. Seniority of substantively appointed Lower Division Clerks from 1987 prevails as interim court order protecting ad hoc employees was limited to different panel of candidates and not applicable to regular appointees.

8 Dec 2021

The appeal arose from a dispute over seniority between two groups of Lower Division Clerks (LDCs) in the ministerial cadre of Delhi's subordinate judi...

Supreme Court

Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

6 Dec 2021

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Quashes ITAT Order Recalling Its Earlier Order Under Section 254(2) of Income Tax Act — Powers Limited to Rectification of Mistake Apparent from Record. The ITAT cannot re-hear the entire appeal on merits under the guise of rectification; the remedy against an erroneous order lies in appeal before the High Court.

3 Dec 2021

The case involves appeals by the Revenue against a common judgment of the Bombay High Court, which dismissed writ petitions challenging an order of th...

Supreme Court

Supreme Court Restores Murder Conviction Under Section 302 IPC, Quashing High Court's Reduction to Section 304 Part II. The court held that injuries on vital parts like lungs and liver, causing death, established murder under 'thirdly' of Section 300 IPC, as the bodily injury was sufficient in the ordinary course of nature to cause death, despite the accused's subsequent actions of taking the deceased to a doctor.

30 Nov 2021

The dispute arose from a criminal appeal where the appellant, the first informant and brother of an injured witness, challenged the High Court's judgm...

Supreme Court

Supreme Court Upholds High Court's Quashing of CIDCO's Lease Cancellation in Tender Dispute. The court held that CIDCO's cancellation was unjustified as the partnership firm's bid was initially accepted, changes were authorized, and no concrete breaches of tender terms were proven, applying principles of promissory estoppel and administrative fairness.

29 Nov 2021

The dispute arose from a tender called by the City and Industrial Development Corporation of Maharashtra (CIDCO) on 11.06.2008 for lease of land near ...

Supreme Court

Supreme Court Upholds Project Proponent's Environmental Clearance in Construction Dispute Under Amended EIA Regime. Environmental Clearance Granted by Local Authority Valid as Per Notification Dated 9.12.2016, Protecting Existing Constructions but Requiring Fresh Clearance for Future Expansion.

26 Nov 2021

The dispute centered on the validity of an Environmental Clearance (EC) obtained by a project proponent for a construction project in Maharashtra. The...

Supreme Court

Supreme Court Partially Allows Appeal in Arbitration Award Case, Confirming Award for Referred Dispute While Setting Aside Excess Claims. Arbitrator Exceeded Jurisdiction by Deciding Disputes Beyond Scope of Bina Project Agreement Under Sections 2(a), 8, and 20 of Arbitration and Conciliation Act, 1996, Leading to Partial Quashing of Award.

25 Nov 2021

The dispute originated from a construction contract awarded to Saluja Construction Company by Northern Coalfields Limited for building 100 B-Type Quar...

Supreme Court

Supreme Court Allows Appeal in Karnataka SC/ST Land Transfer Case Due to Inordinate Delay. Application for Annulment Filed 21 Years After Act Commencement and 30 Years After Transaction Deemed Unreasonable Despite Absolute Alienation Bar Under Rule 43(8) of Mysore Land Revenue Code.

25 Nov 2021

The Supreme Court considered an appeal concerning land originally granted to a Scheduled Caste beneficiary in 1941 under the Mysore Land Revenue Code....

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