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Supreme Court

Supreme Court Allows State's Appeal in OAS Recruitment Case — No Right Accrues from Mere Recommendation. Mere recommendation for promotion does not confer a vested right; abolition of cadre and repeal of rules extinguishes any claim.

3 May 2019

The Supreme Court allowed the appeals filed by the State of Orissa against the judgment of the Orissa High Court which had directed the State to conve...

Supreme Court

Supreme Court Dismisses Appeal of Distribution Licensee in Standby Charges Dispute with Another Licensee — Standby Charges Fixed by Government Order and Principles of Agreement Held Binding. The court upheld the Appellate Tribunal's order that TPC could not recover standby charges beyond Rs.3.5 crores per month from BSES/REL for the 275 MVA facility, as per the Government of Maharashtra's order dated 19.1.1998 and the Principles of Agreement dated 30.1.1998.

2 May 2019

The case involves a dispute between Tata Power Company Ltd. (TPC), a distribution licensee supplying electricity to the entire city of Mumbai, and Ada...

Supreme Court

Supreme Court Dismisses Cantonment Board Appeals Against High Court Order Quashing Demolition Notices for Lack of Proper Hearing. Notices Issued Under Section 185 of Cantonments Act, 1924 Set Aside for Mechanical Issuance and Non-Consideration of Objections.

23 Apr 2019

The Supreme Court dismissed a batch of appeals filed by the Cantonment Board, Meerut and others against a common order of the Allahabad High Court dat...

Supreme Court

Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

10 Apr 2019

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

Supreme Court

Supreme Court Dismisses Appeal in Land Title Dispute — Concurrent Findings Upheld. Patta Validity Requires Proof of Abandonment or Revocation of Earlier Patta Under Madhya Pradesh Land Revenue Code.

9 Apr 2019

The Supreme Court dismissed an appeal arising from a land title dispute in Madhya Pradesh. The respondents-plaintiffs (Shiv Nath and deceased Vishwana...

Supreme Court

Supreme Court Remands Case to High Court for Fresh Consideration in Arbitration Application Dispute — Partnership Deed Clause and Unregistered Partnership Issue. The Court held that the High Court erred in not considering the precedent in Krishna Motor Service vs. H.B. Vittala Kamath regarding the maintainability of an application under Section 20 of the Arbitration Act, 1940 in respect of an unregistered partnership.

4 Apr 2019

The Supreme Court allowed the appeal filed by the legal representatives of the original defendants against the judgment of the Allahabad High Court. T...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

27 Mar 2019

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

Supreme Court

Supreme Court Allows Appeal of Married Daughter in Inventory Proceedings for Lease Premises Under Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The court held that the Inventory Proceeding Act governs succession rights, not the Goa Rent Act, and married daughters have equal inheritance rights.

13 Mar 2019

The case involves a dispute over the inclusion of lease premises in inventory proceedings for the estate of Late Sadanand V. Marathe and Late Nirmalab...

Supreme Court

Supreme Court Allows Appeal of Married Daughter in Inventory Proceedings for Lease Premises Under Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The Court held that the definition of 'tenant' under the Goa Rent Act does not apply to succession, and the Inventory Proceeding Act governs inheritance without discrimination against married daughters.

13 Mar 2019

The case involves a dispute over the inclusion of lease premises in inventory proceedings for the estate of Late Sadanand V. Marathe and Late Nirmalab...

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