Search Results for "damages"

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Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
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Search Results for "damages"

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Supreme Court

Supreme Court Allows Recovery of Excess Payments from In-Service Nursing Trainees Under Restitution Principle. Recovery Permitted as Payments Were Made Pursuant to Court Order Later Set Aside, Distinguishing Mistaken Payment Guidelines Under Rafiq Masih Case for Class III and IV Employees.

29 Mar 2022

The dispute originated from in-service employees of the Rajasthan Medical & Health Subordinate Service, working as ANMs, Lab Technicians, and similar ...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Dismisses Appeal in MSME Act Jurisdiction Dispute Involving Foreign Buyer. The Court held that the Micro and Small Medium Enterprises Facilitation Council lacks jurisdiction under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 when the buyer is located outside India, and the MSME registration occurred after the contract execution.

24 Mar 2022

The dispute originated from a Consulting Agreement dated 24.08.2020 between an Indian registered partnership consultant, acting as a supplier, and a S...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

Supreme Court

Supreme Court Allows Appellant in Tender Dispute, Quashing High Court's Order and Permitting Project Completion. The Court held that judicial review in tender matters is limited to examining legality under Article 14 of the Constitution, and interference is unwarranted unless the decision is manifestly arbitrary, unjust, or mala fide, as per Tata Cellular v. Union of India.

21 Mar 2022

The dispute arose from a tender process initiated by the Road Construction Department of Jharkhand for the reconstruction of Nagaruntari–Dhurki–Am...

Supreme Court

Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

16 Mar 2022

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

Supreme Court

Supreme Court Allows Appeals in Film Rights Licensing Dispute, Reinstating Interim Injunction Granted by Single Judge. The Court Held That the Division Bench Erred in Overturning the Injunction, as the Single Judge Properly Applied Principles of Balance of Convenience and Prima Facie Case Under Order XXXIX of the Code of Civil Procedure, 1908, and Correctly Interpreted the Settlement Deed's Payment Terms.

7 Mar 2022

The Supreme Court heard appeals challenging the Division Bench's reversal of an interim injunction granted by a Single Judge in commercial suits conce...

Supreme Court

Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

3 Mar 2022

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

Supreme Court

Supreme Court Upholds High Court Order Directing Confirmation of Auction Sale Under Punjab Package Deal Properties (Disposal) Act, 1976. High Court's Intervention Justified as Financial Commissioner's Order Based on Conjectures Without Material Evidence Under Rule 8 of the Rules 1976.

2 Mar 2022

The appeal arose from a judgment of the Division Bench of the High Court of Punjab and Haryana at Chandigarh dated 13 August 2008, which set aside an ...

Supreme Court

Supreme Court Allows Municipal Council's Appeal Against High Court Order Granting Specific Performance of Contract. High Court Erred in Exercising Writ Jurisdiction Under Article 226 of Constitution of India for Contractual Dispute Involving Disputed Questions of Fact, Directing Parties to Civil Remedy.

28 Feb 2022

The dispute arose from a contractual arrangement between a Municipal Council and a supplier for the provision of school furniture. The Municipal Counc...

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