Search Results for "Binding Precedents"

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Search Results for "Binding Precedents"

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Supreme Court

Supreme Court Allows Review Applications in Land Acquisition Cases Based on Overruled Precedent. Court held review maintainable under Article 137 of Constitution of India as subsequent Constitution Bench decision in Indore Development Authority overruled earlier Pune Municipal Corporation decision, altering law and providing sufficient reason for review, with matters restored for fresh consideration on merits.

17 Mar 2023

The Supreme Court dealt with a group of review applications filed by the Government of NCT of Delhi and Delhi Development Authority under Article 137 ...

Supreme Court

Supreme Court Allows Appeal in Compassionate Appointment Case Due to Excessive Delay and Non-Compliance with Policy. Compassionate Appointment is an Exception to General Recruitment Norms Under Articles 14 and 16 of the Constitution, Aimed at Providing Immediate Relief, Not a Right, and Delay of 24 Years Defeats Its Purpose.

30 Sep 2022

The dispute arose from a compassionate appointment claim by the daughter of a deceased employee who died in 1995 while working as a loading helper. At...

Supreme Court

Supreme Court Dismisses Employer's Appeal in Compassionate Appointment Case Due to Excessive Delay and Non-Compliance with Policy. Compassionate Appointment Cannot Be Granted After 24 Years as It Defeats the Objective of Providing Immediate Relief to the Family of a Deceased Employee.

30 Sep 2022

The dispute arose from a compassionate appointment claim by the respondent, daughter of a deceased employee who died in 1995 while working as a loadin...

Supreme Court

Supreme Court Refers Conflict on Taxability of Tobacco Products to Constitution Bench for Clarification on Precedent Doctrine. Dispute Involves Whether Pan Masala Containing Tobacco Covered Under Additional Duties of Excise Act, 1957 is Exempt from State Sales Tax Under Various State Enactments.

19 Sep 2022

The Supreme Court considered a batch of appeals concerning the taxability of pan masala containing tobacco and gutka under various State sales tax act...

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 Appeal in Consumer Protection Case on Applicability of Deposit Condition Under Old Act. The court held that the appeal is governed by the Consumer Protection Act, 1986, as the right of appeal accrued before the 2019 Act came into force, and the deposit of ₹50,000 under Section 23 suffices for entertaining the appeal.

15 Feb 2022

The appeal arose from an order of the National Consumer Dispute Redressal Commission directing the appellant to pay a substantial sum with interest. T...

Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

Supreme Court

Supreme Court Quashes High Court Order in MACP Scheme Case Due to Erroneous Interpretation of Grade Pay Entitlement. Employees Entitled to Immediate Next Higher Grade Pay of Rs.5400 Under Clause 8.1 of MACP Scheme and CCS (Revised Pay) Rules, 2008, Not Based on Next Promotional Post.

28 Jan 2022

The dispute arose from a challenge by the Director, Directorate of Enforcement, New Delhi, and another against a High Court order that granted grade p...

Supreme Court

Supreme Court Allows Appeal in Child Custody Case, Setting Aside High Court's Habeas Corpus Order. The Court Held that Habeas Corpus is Not Appropriate for Custody Disputes and the Welfare of the Child is Paramount Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Requiring a Fresh Assessment by a Family Court.

12 Jan 2022

The appeal arose from a dispute between a wife (appellant no.1) and husband (respondent no.1) over the custody of their minor son, a US citizen born i...

Supreme Court

Supreme Court Allows State Appeal in Compassionate Appointment Case Under Dying-in-Harness Rules. The Court held that 'suitable post' for compassionate appointment must be linked to the object of providing immediate relief and cannot be a higher post than held by the deceased employee, reversing the High Court's interpretation based on educational qualifications.

5 Oct 2021

The appeal arose from a dispute over compassionate appointment under the Dying-in-Harness Rules, 1974. The respondent, widow of a deceased Class-IV em...

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