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Supreme Court

Supreme Court Sets Aside High Court Order in Lokayukta Case, Upholds Statutory Power to Direct Preliminary Inquiry by State Agency. The Court Held That Section 20(1) of the Odisha Lokayukta Act, 2014 Permits the Lokayukta to Order a Preliminary Inquiry by Any Agency, Including the Directorate of Vigilance, to Ascertain a Prima Facie Case, and Judicial Interference at This Stage Was Unwarranted.

23 Feb 2023

The dispute arose from a complaint dated 9th December 2020 by a Deputy Superintendent of Police alleging corruption against an elected Member of the L...

Supreme Court

Supreme Court Clarifies Armed Forces Disciplinary Powers in Adultery Case - Union of India's Application for Clarification Allowed. The Court held that the decriminalization of adultery under Section 497 IPC does not preclude disciplinary action against military personnel under Sections 45 and 63 of the Army Act, 1950, and similar provisions in other military Acts, as they operate under Article 33 of the Constitution for maintaining discipline.

31 Jan 2023

The Supreme Court addressed a miscellaneous application filed by the Union of India seeking clarification of its earlier judgment in Joseph Shine v. U...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Block Assessment Case on Levy of Interest and Surcharge. Interest under Section 158BFA(1) of Income Tax Act, 1961 upheld for belated filing of block period return despite notice issued under Section 158BD prior to amendment, as provision inherently incorporates Section 158BC procedure.

13 Jan 2023

The Supreme Court addressed a group of appeals concerning the levy of interest under Section 158BFA(1) and surcharge under Section 113 of the Income T...

Supreme Court

Supreme Court Allows Reference in Corruption Case: Demand Must Be Proved by Direct or Circumstantial Evidence, Not Mere Recovery. Proof of demand is sine qua non for offences under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988, and presumption under Section 20 arises only after demand is established.

15 Dec 2022

This reference to a Constitution Bench of the Supreme Court arose from a conflict between three-judge bench decisions regarding the proof of demand of...

Supreme Court

Supreme Court Upholds State Legislation on Gurdwara Management Under Entry 32 of List II. Haryana Sikh Gurdwara (Management) Act, 2014 Found Constitutionally Valid as It Pertains to Management of Religious Institutions Within State Legislative Competence.

20 Sep 2022

The dispute arose from the enactment of the Haryana Sikh Gurdwara (Management) Act, 2014 by the State of Haryana, which created a separate juristic en...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Involving Corporate Guarantee for Non-Corporate Borrowers. Corporate Insolvency Resolution Process Under Section 7 of Insolvency and Bankruptcy Code, 2016 is Maintainable Against Corporate Person as Guarantor Even When Principal Borrower is Not a Corporate Person, as Default Triggers Financial Debt and Corporate Debtor Status.

6 Sep 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016 (IBC), where the appellant, a promoter and director of Maharaja Theme P...

Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

Supreme Court

Supreme Court Upholds Municipal Corporation's Land Acquisition for Road Construction Under Mumbai Municipal Corporation Act. Municipal Corporation Validly Exercised Independent Powers Under MMC Act Without Requiring Road Inclusion in Development Plan Under MRTP Act, With Public Interest Justifying Acquisition Despite Property Owners' Objections.

2 Sep 2022

The dispute originated from the Municipal Corporation of Mumbai's efforts to acquire portions of the appellants' property for constructing a link road...

Supreme Court

Supreme Court Dismisses State's Appeals in Service Law Dispute Over Employee Seniority and Promotion. The Court upheld the High Court's direction to consider the employee's seniority from his promotion date in the original authority, finding the State's revisions arbitrary under service rules.

14 Mar 2022

The dispute arose from the seniority and promotion claims of the first respondent, who was appointed as Sub-Engineer in Special Area Development Autho...

Supreme Court

Supreme Court Reviews Industrial Dispute Over Contract Labour Wages and Settlement Binding Under Industrial Disputes Act, 1947. High Court Sustained Tribunal Award on Substantive Issues but Remanded for Individual Wage Scale Determination Due to Tribunal's Failure to Apply Basis to Facts.

4 Feb 2022

The dispute originated from a Direct Action notice raised by the Oil Field Employees Association on 26 August 2016, representing workmen engaged by co...

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