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Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Dismisses Landowner's Appeal in Eco-sensitive Zone Case, Upholding NGT's Reliance on Expert Committee Report. The Court affirmed the National Green Tribunal's jurisdiction and application of the precautionary principle under the Environment (Protection) Act, 1986, and National Green Tribunal Act, 2010, regarding the Zonal Master Plan 2030 for Mount Abu.

12 Jan 2022

The Supreme Court addressed appeals under Section 22 of the National Green Tribunal Act, 2010, arising from NGT judgments dated 10 March 2021 and 29 J...

Supreme Court

Supreme Court Allows Appeal in Child Custody Case, Setting Aside High Court's Habeas Corpus Order. The Court Held that Habeas Corpus is Not Appropriate for Custody Disputes and the Welfare of the Child is Paramount Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Requiring a Fresh Assessment by a Family Court.

12 Jan 2022

The appeal arose from a dispute between a wife (appellant no.1) and husband (respondent no.1) over the custody of their minor son, a US citizen born i...

Supreme Court

Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

11 Jan 2022

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...

Supreme Court

Supreme Court Sets Aside High Court Bail Order in Murder Case Due to Lack of Reasoning. Bail granted under Section 439 CrPC quashed as order was cryptic and failed to consider gravity of offence under Section 302 IPC, with matter remanded for fresh decision.

11 Jan 2022

The appeal was preferred by the informant-appellant, the son of the deceased, challenging the High Court of Rajasthan's order dated 7th May 2020 grant...

Supreme Court

Supreme Court Upholds Retired Employees in Cooperative Bank Pension Dispute - Pension Scheme Cannot Be Unilaterally Discontinued After Employees Have Opted and Availed Benefits Under Punjab State Cooperative Agricultural Development Banks Employees Pension, Family Pension and General Provident Fund Rules, 1989. The Court held that pension is a deferred wage and accrued right, and amendments to service rules under Section 84A(2) of Punjab Cooperative Societies Act, 1961 must be prospective, protecting employees' legitimate expectations.

11 Jan 2022

The dispute arose from the Punjab State Cooperative Agricultural Development Bank Ltd.'s decision to discontinue a pension scheme introduced in 1989 f...

Supreme Court

Supreme Court Upholds Central Government's Decision in Repatriation of Prisoners Act Case Due to Discretionary Powers and International Comity. The Court held that adaptation of sentences under Section 13(6) is not mandatory and the High Court erred in directing reduction without considering administrative discretion and binding treaty obligations.

11 Jan 2022

The dispute arose from the conviction of the Respondent by the Supreme Court of Mauritius for possession of 152.8 grams of heroin, resulting in a 26-y...

Supreme Court

Supreme Court Allows Appeal Against Council Award for Non-Compliance with Mandatory Arbitration Procedure Under MSMED Act. Council's Order Without Proper Conciliation and Arbitration Proceedings Held Invalid.

15 Dec 2021

The appellant, Jharkhand Urja Vikas Nigam Limited, successor of Jharkhand State Electricity Board, entered into a contract with respondent No.3, M/s. ...

Supreme Court

Supreme Court Allows Bank's Appeal Against High Court's Mandamus to Consider OTS Application. Court Holds That No Writ of Mandamus Can Be Issued to Direct a Bank to Grant One Time Settlement Benefit Under Article 226 of the Constitution.

15 Dec 2021

The present appeal arises from a judgment of the Allahabad High Court which, in exercise of powers under Article 226 of the Constitution of India, iss...

Supreme Court

Supreme Court Modifies High Powered Committee Recommendations in Chardham Highway Project Case to Balance Development and Environmental Protection. The court held that widening of highways in ecologically sensitive Himalayan region must be subject to strict environmental safeguards and monitoring.

14 Dec 2021

The case concerns the Chardham Mahamarg Vikas Pariyojna, a project by the Ministry of Road Transport and Highways to widen approximately 900 km of nat...

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