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Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

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Supreme Court Upholds Dismissal of Scientist Without Inquiry in Interest of Security of State. Dismissal under Article 311(2)(c) of Constitution and Rule 14 of CCS (CCA) Rules, 1965 Upheld as Procedural Safeguards Not Applicable Where Security of State is Involved.

The appellant, Dr. V.R. Sanal Kumar, was a Scientist/Engineer in the Vikram Sarabhai Space Centre (VSSC), a unit of the Indian Space Research Organisa...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Supreme Court Reinstates Compulsory Retirement in Disciplinary Proceeding Despite Criminal Acquittal. Disciplinary Authority's Finding of Misconduct Upheld as Independent of Criminal Trial Outcome Under Karnataka Lokayukta Act, 1984 and Prevention of Corruption Act, 1988.

The appeals arose from a judgment of the Karnataka High Court which set aside a compulsory retirement order imposed on a Village Accountant following ...

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Supreme Court Sets Aside Bail Granted by High Court in SFIO Case Involving Massive Corporate Fraud. Twin Conditions Under Section 212(6)(ii) of Companies Act, 2013 Must Be Satisfied Before Granting Bail for Offences Under Section 447.

The Serious Fraud Investigation Office (SFIO) appealed against the grant of bail to Nittin Johari, the former Chief Financial Officer and Whole Time D...

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High Court of Karnataka Upholds Compulsory Retirement of Village Accountant for Misappropriation of Government Funds. Disciplinary Authority's Order Based on Proved Charges Under Rule 3(1) of Karnataka Civil Services (Conduct) Rules, 1966 and Rule 8(vi) of CCA Rules, 1957 Upheld.

The petitioner, Umesh S/o Vittal Biradar, was working as a Village Accountant at Revathgaon, Taluk Indi. On 25.06.2015, the State Government passed an...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Scheduled Tribe Certificate for 'Mana' Caste — Committee Failed to Consider Consistent Documentary Evidence and Prior Validity Certificates of Blood Relatives.

The petitioner, Gajanan s/o Pandurang Shende, challenged the order dated 23-2-2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadch...

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Bombay High Court Allows Public Interest Litigation and Quashes Sedition Charge Against Cartoonist. Freedom of Speech and Expression Under Article 19(1)(a) Protects Political Satire and Cartoons Unless They Incite Violence or Public Disorder.

The present Public Interest Litigation was filed by Sanskar Marathe, a practicing advocate, challenging the arrest of Assem Trivedi, a political carto...