Search Results for "prospective overruling"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "prospective overruling"

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Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Money Laundering Case Due to Misapplication of Section 45 PMLA. High Court's Grant of Bail Set Aside for Failing to Apply Rigour of Prevention of Money Laundering Act, 2002 and Consider Seriousness of Scheduled Offences Involving E-Tender Scam and Alleged Nexus with Former Bureaucrat.

24 Feb 2023

The appeal arose from the High Court of Telangana's judgment dated 02.03.2021 granting anticipatory bail to the respondent in a money laundering case ...

Supreme Court

Supreme Court Upholds State's Notifications in Urban Development Case Due to Erroneous High Court Findings on Mala Fides and Statutory Interpretation. Notifications Under Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and Haryana Development and Regulation of Urban Areas Act, 1975 Were Valid as High Court's Reliance on Definition of 'Colony' and Insufficient Mala Fides Findings Were Legally Unsustainable.

16 Nov 2021

The dispute arose from the State of Haryana and Town Planning Authorities appealing against a High Court judgment that set aside two notifications: on...

High Court

Bombay High Court Upholds Eviction Decree in Slum Area Case — Setting Aside of Slum Declaration After Suit Filing Does Not Render Suit Void Ab Initio. The court held that once the notification under Section 4 of the Maharashtra Slum Areas Act, 1971 is set aside, the prohibition against filing suit without permission is removed retrospectively.

18 Nov 2019

The case involves a reference to a larger bench due to conflicting views of two learned Single Judges of the Bombay High Court on the effect of a decl...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case — Lease Rights and Statutory Compliance Under IBC and MMC Act Upheld. The Court held that MCGM's written submissions indicating acceptance of the plan constituted consent, and the plan did not violate the MMC Act or the IBC timeline.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the order of th...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation and Exonerates Insurer for Breach of Policy Condition. Vehicle Used as Public Transport Despite Being Insured as Private Vehicle, Violating Section 149 of Motor Vehicles Act, 1988.

16 Aug 2018

The case arises from a motor accident claim filed by the widow and children of Rahul Shirsath, who died in a collision between a MAX (Jeep) and a Milk...

High Court

Bombay High Court Upholds Termination of Temporary Employees in College Tribunal Case — No Right to Regularisation for Ad Hoc Appointments. Employees appointed on temporary basis without following statutory selection process cannot claim permanency or protection under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

15 Apr 2011

The petitioners, Shivaji Dhansing Pawar and Arun Vitthalrao Pawar, were employed as temporary staff at R.B. Attal College, Georai, run by Marathwada S...

High Court

Bombay High Court Upholds Reinstatement of Driver in MSRTC for Using Intemperate Language in Leave Application, Reduces Back Wages to 50%. Industrial Court's finding of disproportionate punishment for misconduct under Clauses 26 and 28 of Disciplinary and Appeal Procedure is upheld.

15 Oct 2010

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the order dated 12/6/2001 of the Industrial Court, Nagpur, which rein...

High Court

Bombay High Court Dismisses Petition Challenging Modvat Credit Lapse Provisions in Finance Act, 1999. Retrospective Validation of Rules Causing Lapse of Accumulated Credit Upheld as Within Legislative Competence and Not Violative of Fundamental Rights.

23 Dec 2005

The petitioner, Coral Cosmetics Limited, a company incorporated under the Companies Act, 1956 and registered as a Small Scale Industry, was engaged in...

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