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Supreme Court

Supreme Court Allows ESI Corporation's Appeal in ESI Act Coverage Dispute Over Retrospective Application of Amendment. The Court held that the insertion of Section 1(6) of the Employees' State Insurance Act, 1948 applies prospectively from 20.10.1989, making establishments liable for contributions post that date regardless of employee count, and demand notices for such periods are valid without retrospective effect.

20 Jan 2023

The dispute arose from a demand notice issued by the Employees' State Insurance Corporation (ESI Corporation) to a cinema theatre for contributions un...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

Supreme Court

Supreme Court Dismisses Appeal in Service Tax Classification Case Due to Failure to Prove Job Work Exemption. Services Provided Were Held as Manpower Supply Under Finance Act, 1994, Not Exempt as Job Work Under Notification No.25/2012-Service Tax, Based on Agreement Terms and Lack of Registration Amendment.

18 Feb 2022

The dispute involved an appeal against a judgment of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) regarding service tax classificatio...

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 Assistant Professors' Promotion Under DACP Scheme Against Statutory Corporation's Recruitment Regulations. Promotion Governed by DACP Scheme as ESIC Regulations Issued Without Prior Central Government Approval Under Section 17(2)(a) of Employees' State Insurance Act, 1948.

20 Jan 2022

The dispute arose from the promotion of Assistant Professors employed by the Employees' State Insurance Corporation (ESIC) to the post of Associate Pr...

Supreme Court

Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

9 Dec 2021

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

Supreme Court

Supreme Court Dismisses Employer's Appeal Against ESI Interest Demand, Upholding Statutory Interest Under ESI Act and Regulations. Interest on Delayed Contributions from 1975 to 1988 Held Payable at 6% and 12% Rates as Per Regulation 31-A and Section 39(5)(a), with No Waiver Permitted Under the Act or Article 142.

29 Oct 2021

The dispute arose from a demand by the Employees' State Insurance Corporation for contributions and interest from The Transport Corporation of India L...

Supreme Court

Supreme Court Allows Insurer's Appeal in Insurance Contract Dispute Over Accident Benefit Due to Policy Lapse and Non-Disclosure. Accident Benefit Not Payable as Policy Was Not in Force on Accident Date and Insured Failed to Disclose Accident When Reviving Policy, Violating Utmost Good Faith Under Insurance Act, 1938.

29 Oct 2021

The dispute arose from a life insurance policy taken by the husband of the respondent under the Jeevan Suraksha Yojana from the Life Insurance Corpora...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Builder Directors in Property Development Dispute Due to Civil Nature of Allegations. Criminal Complaint for Cheating Under Sections 406, 419, 420 IPC Fails as Dispute Arose from Joint Development Agreement and Memorandum of Understanding, With Civil Remedies Available Through Arbitration and Pending Civil Suit.

26 Oct 2021

The Supreme Court of India heard a criminal appeal arising from a property development dispute between builder directors and a property owner. The bac...

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