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Supreme Court

Supreme Court Dismisses Appeals in National Green Tribunal Act Case Upholding Illegal Storage Facility Removal. Ex Post Facto Clearance Under 2011 Notification Invalid as Storage Terminal Not Located 'In' Notified Port Under Paragraph 8 of Environment Protection Act, 1986.

1 Feb 2023

The appeals were lodged under Section 22 of the National Green Tribunal Act, 2010, challenging the National Green Tribunal's order that set aside an e...

Supreme Court

Supreme Court Quashes FIR and Investigation in IPC Case Due to Lack of Cognizable Offence and Civil Nature of Dispute. Allegations Pertained to Trust Management and Removal from Post, Disclosing No Criminal Offence Under Sections 323, 384, 406, 423, 467, 468, 420, and 120B IPC, Leading to Abuse of Process.

30 Jan 2023

The Supreme Court heard an appeal by special leave against a Calcutta High Court judgment that dismissed a petition under Section 482 of the Code of C...

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 Employee's Appeal in Termination Case Under Rajasthan Non-Governmental Educational Institutions Act, 1989 Due to Lack of Prior Approval. Prior Approval of Director of Education is Mandatory Under Section 18 for Termination Even After Disciplinary Enquiry, and High Court Erred in Not Following Binding Supreme Court Precedent on Pari Materia Provisions.

19 Jan 2023

The dispute arose from the termination of an employee serving with a non-governmental educational institution under the Rajasthan Non-Governmental Edu...

Supreme Court

Supreme Court Quashes Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Sets Aside Civil Decrees Based on Promissory Notes Due to Misuse of Blank Cheques Issued as Security. The Court Held That the Presumption Under Section 139 Was Rebutted as the Cheques Were Issued for Chitfund Security and Presented After Account Closure, and the Lender's Financial Capacity Was Not Proven in Civil Suits.

18 Jan 2023

The Supreme Court of India, in a judgment delivered by Justice B.R. Gavai, disposed of criminal and civil appeals arising from a dispute involving dis...

Supreme Court

Supreme Court Allows Prosecution Appeal in Bail Cancellation Case, Holding Default Bail Can Be Cancelled on Merits After Chargesheet. Bail granted under Section 167(2) CrPC is deemed under Chapter XXXIII, permitting cancellation under Section 439(2) CrPC based on special grounds and seriousness of offences post-investigation.

16 Jan 2023

The appeal arose from a judgment of the High Court of Andhra Pradesh dismissing a petition by the Central Bureau of Investigation under Section 439(2)...

Supreme Court

Supreme Court Allows Union of India's Appeal in Service Law Dispute Over Nursing Allowance. Classification of posts based on educational qualifications justifies different pay scales, as Nursing Assistants lack qualifications and experience required for Staff Nurse posts under relevant service rules.

16 Jan 2023

The dispute arose from Nursing Assistants employed in Border Security Force hospitals claiming entitlement to Nursing Allowance at par with Staff Nurs...

Supreme Court

Supreme Court Allows Buyer's Appeal in Specific Performance Suit, Reversing High Court's Decision on Readiness and Willingness. The Court held that the buyer's evidence, including plaint averments, deposition, and deposit of balance consideration, sufficiently established readiness and willingness under Section 16(c) of the Specific Relief Act, 1963, and the High Court erred in interfering with the Trial Court's findings.

5 Jan 2023

The dispute arose from an agreement to sell dated 13.03.2007, where the seller agreed to sell land to the buyer for Rs. 12,74,000, with Rs. 3 lakhs pa...

Supreme Court

Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

5 Jan 2023

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

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