Search Results for "prospective overruling"

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Bombay High Court Dismisses Appeals in International Commercial Arbitration Dispute Over Applicability of Part-I of Arbitration Act. Part-I of Arbitration and Conciliation Act, 1996 Held Inapplicable Where Parties Chose Mumbai as Venue for Convenience but Arbitration Governed by ICC Rules.

The case involves two appeals arising from a judgment of a Learned Single Judge of the Bombay High Court dismissing a petition filed by Konkola Copper...

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Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

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Supreme Court Reinstates Librarians Terminated Over Invalid Degrees from University Established Under Ultra Vires Act -- Prospective Overruling Principle Applied to Protect Pre-Judgment Qualifications

The Supreme Court allowed three civil appeals filed by librarians terminated by the State of Bihar. The appellants had obtained Bachelor of Library Sc...

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Bombay High Court Holds Amendment to Section 26 of Bombay Civil Courts Act Prospective, Not Applicable to Pending Appeals. Amendment increasing pecuniary jurisdiction of District Court from Rs.1 lakh to Rs.5 lakh does not apply to appeals already filed before the amendment came into force.

The Bombay High Court considered a reference arising from a learned Single Judge's order dated 4 March 2011, which formulated two questions regarding ...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Decree for Subletting and Nuisance. Concurrent findings of fact by lower courts under Bombay Rent Act upheld as not perverse.

The petitioners, Chellaram Jethanand Madhrani and Purushottam Jethanand Madhrani, were tenants of a premises owned by the respondent, Maruti Raghunath...

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Supreme Court Dismisses Appeal of Reserved Category Judicial Officers Challenging High Court Order Quashing Gradation List Based on Roster Points. Seniority for Promotion of Munsiffs Must Be Based on Merit, Not Reservation Roster, as Per Bimlesh Tanwar.

The case involves a dispute over the fixation of seniority of Munsiffs (Batch of 2003) for promotion to the post of Sub-Judge in the State of Jammu & ...

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Bombay High Court Allows Student's Discharge in Caste Certificate Fraud Case — Lack of Mens Rea and No Evidence of Petitioner's Involvement in Fabrication of Documents. Court Quashes Criminal Proceedings Under Section 11 of Maharashtra Caste Certificate Act, 2000 and Sections 420, 468, 471 IPC.

The petitioner, Ms. Safa Khwaja Shaikh, a 21-year-old student, took admission for a Diploma in Information Technology at A G Patil Polytechnic Institu...

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Supreme Court Allows Promotee Appeal in Seniority Dispute with Direct Recruits in Income Tax Department — Direct Recruits Not Entitled to Seniority from Vacancy Year When Recruitment Process Not Initiated in That Year.

The Supreme Court allowed the appeal filed by promotees (appellants) against the judgment of the Gujarat High Court which had quashed the seniority li...