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Supreme Court

Withdrawal of No Objection Certificate Without Due Process – Supreme Court Upholds Validity of Government Decision. Issuance of No Objection Certificate (NOC) Without Following Government Rules of Business – No Indefeasible Right Created – Principles of Natural Justice Not Violated – Doctrine of Promissory Estoppel Not Applicable – Appeal Dismissed.

17 Feb 2025

Constitution of India, Article 14 – Arbitrary exercise of executive power – No Objection Certificate (NOC) granted without following Rules of Busi...

Supreme Court

Review Jurisdiction, Suppression of Evidence, and Award of Back Wages. Supreme Court Upholds Review Jurisdiction, Condemns Suppression of Evidence, and Modifies Back Wages Award.

14 Feb 2025

The Supreme Court held that MSRTC was guilty of suggestio falsi and suppresio veri by not disclosing its pleadings before the MACT to the Labour Co...

Supreme Court

Arbitration – Liquidated Damages – Scope of Judicial Review under the Arbitration Act, 1940 – Interpretation of Contractual Terms – Performance Guarantees – Section 74 of the Indian Contract Act, 1872 – High Court’s Power to Set Aside Arbitral Awards.

14 Feb 2025

The Supreme Court dismissed the appeal, upholding the High Court’s finding that the claim of ₹68.15 lakhs was speculative and beyond the contract...

Supreme Court

Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

14 Feb 2025

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

Supreme Court

Supreme Court Upholds Dissolution of CMJ University Due to Non-Compliance with Statutory Procedures. Chancellor Appointment Without Visitor’s Approval Rendered University Actions Void Ab Initio – Dissolution Order Validated

13 Feb 2025

Major Acts: Chandra Mohan Jha University Act, 2009 (CMJ University Act) – Sections 13, 14, 26, 48. University Grants Commission Act, 1956...

Supreme Court

Constitution of India, 1950 – Article 14, Article 16 – National Commission for Homeopathy Act, 2020 – Section 4 – Selection process for appointment as Chairperson – Violation of statutory eligibility criteria – Judicial interference warranted. Selection process for the Chairperson of the National Commission for Homeopathy held illegal due to non-fulfillment of statutory eligibility requirements – Supreme Court quashed the appointment.

12 Feb 2025

Constitution of India, 1950 – Article 14 – Public employment must be fair, non-arbitrary, and reasonable – Article 16 – Appointment to public ...

Supreme Court

Quashing of FIR under Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 Allowed. Criminal Proceedings – Nature of Allegations Crucial in Determining Applicability of Special Penal Laws – Mere Registration of Multiple FIRs Not Sufficient for Invoking Gangster Act – Civil Disputes Given Criminal Colour Do Not Justify Invocation of the Act – Strict Interpretation of Penal Laws Mandatory – Right to Life & Liberty under Article 21.

12 Feb 2025

Constitution of India, 1950 – Article 21 – Protection of life and personal liberty – Invocation of stringent penal laws requires higher threshol...

Supreme Court

Supreme Court Dismissed Habeas Corpus Petition as Infructuous—Claim of Defamation by Petitioner Held Misconceived. Habeas Corpus—Police Statement on Divorce Decree—Alleged Defamation—No Basis Found

12 Feb 2025

The Supreme Court dismissed the petition. Habeas Corpus petition becomes infructuous once the detenue is located—further inquiry is unnecessary. (Pa...

Supreme Court

Compounding of Offences – Definition of First Offence – Discretion of Tax Authorities.

7 Feb 2025

Income Tax Act, 1961 – Section 276CC – Compounding of Offences – Discretionary Relief – Interpretation of Guidelines – Supreme Court’s Rev...

Supreme Court

Unlawful Arrest and Violation of Fundamental Rights – Supreme Court Declares Arrest Illegal. Failure to communicate grounds of arrest renders detention unconstitutional – Supreme Court orders immediate release of the appellant and issues guidelines for compliance with Article 22(1) and Section 50 of the Code of Criminal Procedure, 1973.

7 Feb 2025

Constitution of India – Article 22(1) – Code of Criminal Procedure, 1973 – Sections 50, 50A – Indian Penal Code, 1860 The Supreme Court held ...

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