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Supreme Court

Supreme Court Allows Appeals by Punjab Wakf Board, Holds Wakf Tribunal Has Jurisdiction Over Suits for Possession of Wakf Property. The Court distinguished Ramesh Gobindram and held that under the Wakf Act, 1995, the Tribunal has exclusive jurisdiction over disputes relating to wakf property, even against non-Muslim lessees.

7 Feb 2019

The Supreme Court allowed two appeals filed by the Punjab Wakf Board against separate judgments of the Punjab and Haryana High Court. The High Court h...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit for Clubbing Properties in Different Jurisdictions. Section 17 CPC Does Not Permit a Single Suit for Separate Immovable Properties Situated in Different States.

6 Feb 2019

The appeal arose from a civil suit filed by the appellant (plaintiff) seeking declaration that two properties—one in Indore, Madhya Pradesh, and ano...

Supreme Court

Supreme Court Upholds High Court Order Quashing Chairman's Stay on Tribunal Proceedings — Chairman of Central Administrative Tribunal Cannot Stay Proceedings Pending Before a Division Bench While Sitting Singly. The Court held that the Chairman's power under Section 5(6) read with Section 25 of the Administrative Tribunals Act, 1985 does not extend to staying proceedings before a co-ordinate Bench.

1 Feb 2019

The Supreme Court dismissed the appeal filed by All India Institute of Medical Sciences (AIIMS) against the Uttarakhand High Court's order quashing th...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

Supreme Court

Supreme Court Upholds MERC Tariff Regulation Fixing Stringent Station Heat Rate for Dahanu TPS — No Discrimination Found. The Court held that the Maharashtra Electricity Regulatory Commission's differentiated norms for thermal generating stations based on past performance and efficiency are valid under the Electricity Act, 2003 and National Tariff Policy, 2006.

21 Jan 2019

The appellant, Reliance Infrastructure Limited, challenged the validity of Regulation 44.2(d) of the MERC (Multi Year Tariff) Regulations 2011, which ...

Supreme Court

Supreme Court Partially Allows Union of India's Appeal Against Regularization of Casual Workers. Regularization of Seniors Upheld but Direction for Absorption in Other Establishments Set Aside.

8 Jan 2019

The Union of India appealed against a judgment of the Allahabad High Court which upheld a direction of the Central Administrative Tribunal to regulari...

Supreme Court

Supreme Court Dismisses Union of India's Appeals in Special Pay Pension Case for Scientists. Special pay of Rs.2,000/- and Rs.4,000/- granted to Scientists in DRDO, DAE, and DOS is to be counted for pension and pensionary benefits.

3 Jan 2019

The Union of India filed a batch of appeals against judgments of the Central Administrative Tribunal and various High Courts that allowed the claims o...

Supreme Court

Supreme Court Resolves Conflict in Citizenship Rules for Assam NRC: Harmonious Construction of Sub-para (2) of Paragraph 3 and Paragraph 8 of Schedule to Citizenship Rules, 2003. Court Declines to Create Appellate Forum Under Article 142, Leaves it to Parliament and Executive.

1 Jan 2019

The Supreme Court of India heard a batch of civil appeals arising from Special Leave Petitions challenging the preparation of the National Register of...

Supreme Court

Supreme Court Resolves Conflict in Citizenship Rules for Assam NRC — Harmonious Construction of Paragraph 3(2) and Paragraph 8 of Schedule to Citizenship Rules, 2003. The Court held that persons declared as illegal migrants or foreigners by a competent authority are excluded from the NRC and cannot use the claims and objections process under paragraph 8 to challenge such declaration.

1 Jan 2019

The Supreme Court of India, in a batch of civil and criminal appeals arising from Special Leave Petitions, addressed the perceived conflict between su...

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