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Interest on Compensation – Employee’s Compensation Act, 1923 – Statutory Mandate of 12% Interest on Delay – Insurer’s Liability for Payment – Supreme Court Clarifies Position

Employee’s Compensation Act, 1923 – Section 4A(3) – Interest at 12% per annum held to be mandatory on delay in payment of compensation – Insur...

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Seniority and Back Wages in Delayed Appointments: High Court Rules on Deemed Date of Appointment for Postal Employees. Bombay High Court Grants Deemed Date of Appointment to Postal Employees, Denies Back Wages to Some Petitioners

Deemed Date of Appointment – Petitioners, who were selected in the same recruitment process but appointed later due to administrative delays, were ...

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Arbitration – Liquidated Damages – Scope of Judicial Review under the Arbitration Act, 1940 – Interpretation of Contractual Terms – Performance Guarantees – Section 74 of the Indian Contract Act, 1872 – High Court’s Power to Set Aside Arbitral Awards.

The Supreme Court dismissed the appeal, upholding the High Court’s finding that the claim of ₹68.15 lakhs was speculative and beyond the contract...

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Bail Granted Due to Long Incarceration. Article 21 of the Constitution of India – Right to Speedy Trial – Bail is the Rule, Jail is the Exception – Long Incarceration Without Trial Violates Fundamental Rights

The prolonged incarceration of an undertrial accused, without reasonable certainty of trial completion, violates Article 21 of the Constitution. (Para...

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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Supreme Court Grants Bail to Undertrial Prisoner in UAPA Case After Five Years of Custody. Unjustified Delay in Trial Violates Right to Speedy Justice – SC Directs Release on Bail with Conditions.

Constitution of India, 1950 – Article 21 – Right to Speedy Trial – Prolonged incarceration of an undertrial prisoner for five years without conc...

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Right to Fair Compensation—State's Duty in Land Acquisition—Constitutional Protection under Article 300A. Compulsory Acquisition—Delay in Compensation—State and Municipal Corporation Directed to Expedite Proceedings and Pay Interim Compensation

Right to property under Article 300A includes fair compensation and a prompt acquisition process. State's failure to adhere to statutory timelines in...

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Supreme Court Upholds Seniority of Temporary AEEs Appointed Before 1994 Act, Quashes High Court’s Decision. Period of Officiating Service Counted for Seniority – Doctrine of Functus Officio Not Applicable to Administrative Decisions

The Supreme Court allowed the appeals, quashed the High Court’s judgment, and upheld the validity of G.O.M. No. 262. The Court held that the period ...

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Penalty under Section 271AAA of the Income Tax Act, 1961 imposed partially; Supreme Court held penalty not leviable on Rs. 2,27,65,580/- as conditions under Section 271AAA(2) were fulfilled, but imposed 10% penalty on Rs. 2,49,90,000/- as undisclosed income found during search.

Constitution of India (COI) – Code of Criminal Procedure (CrPC) – Income Tax Act, 1961 (Act 1961): – Section 271AAA – Penalty for undisclosed ...