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Supreme Court

Supreme Court Upholds Arbitration Award in Contract Dispute Over Liquidated Damages and Time as Essence of Contract. The Court held that time was not the essence of the contract for supply of pipes, and ONGC was entitled only to actual damages, not liquidated damages, under the Arbitration and Conciliation Act, 1996, Sections 34 and 37.

13 Nov 2021

The Supreme Court of India heard cross-appeals arising from arbitration proceedings between Welspun Specialty Solutions Limited (formerly Remi Metals ...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Considers CEC Recommendations on Sand Mining Regulations in Rajasthan - Environmental Clearance and Lease Conditions at Issue. The Court reviewed Central Empowered Committee proposals for granting environmental clearances without preconditions and amending Rule 5(4) of Rajasthan Minor Mineral Concession Rules, 2017, amidst State objections to lease terminations and penalties.

11 Nov 2021

The dispute arose from environmental concerns over sand mining in Rajasthan, leading to litigation involving the Bajri Lease LoI Holders Welfare Socie...

Supreme Court

Supreme Court Interprets Time Limits for Awards Under Land Acquisition Laws in Appeal Against High Court Ruling on Lapse of Proceedings. The Court Examines Whether the Two-Year Period Under Section 11A of the Land Acquisition Act, 1894 Applies Post-Repeal or the Twelve-Month Period Under Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Governs Awards Under Section 24(1)(a).

10 Nov 2021

The dispute arose from land acquisition proceedings initiated by the State of Maharashtra for the Gosikhurd Project. On 16th June 2011, a notification...

Supreme Court

Supreme Court Upholds Arbitral Award in Arbitration and Conciliation Act, 1996 Case Involving Breach of Settlement Deed. The Court held that the arbitration qualified as an international commercial arbitration under Section 2(1)(f) and that judicial interference under Section 34 was unwarranted, restoring the award of US$ 1.5 million as liquidated damages for breach of the Deed of Settlement dated 03.01.2011.

10 Nov 2021

The dispute arose from a soured business association between shareholders in Atlas Equifin Private Limited, India, which held shares in Multi Screen M...

Supreme Court

Supreme Court Modifies National Green Tribunal Directions on Sand Mining in Bihar and Grants Interim Relief Pending Final Disposal. The Court held that District Survey Reports should be prepared by state-constituted sub-divisional committees as per Enforcement and Monitoring Guidelines for Sand Mining 2020, rather than private consultants, to avoid unnecessary burden on public exchequer and ensure environmental safeguards.

10 Nov 2021

The Supreme Court of India heard civil appeals filed by the State of Bihar challenging a judgment and order dated 14th October 2020 from the National ...

Supreme Court

Supreme Court Upholds State's Vesting of Private Forest Land Under Kerala Private Forests (Vesting and Assignment) Act, 1971. The court affirmed the tribunal's rejection of the claimant's exemption plea due to insufficient evidence of principal cultivation as plantation under Section 2(f) of the Act.

29 Oct 2021

The appeal arose from a dispute over the vesting of land under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The respondent, Popular ...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Director in Minimum Wages Act Case Due to Lack of Vicarious Liability. Complaint Failed to Establish Director Was In-Charge of Company's Business Under Section 22C of Minimum Wages Act, 1948, Making Prosecution Unmaintainable.

29 Oct 2021

The dispute arose from a criminal complaint filed against Dayle De'Souza, a director of Writer Safeguard Pvt. Ltd., alleging violations of the Minimum...

Supreme Court

Supreme Court Upholds High Court's Decision Allowing Rectification of GST Returns in Error Period. The Court affirmed that circulars restricting rectification of Form GSTR-3B to net basis adjustments are inconsistent with GST laws and that rectification must be permitted in the period of error occurrence under the Central Goods and Services Tax Act, 2017.

28 Oct 2021

The appeal arose from a judgment of the High Court of Delhi dated 05.05.2020 in W.P. (C) No. 6345 of 2018, which allowed a writ petition filed by Bhar...

Supreme Court

Supreme Court Orders Independent Investigation into Alleged Pegasus Spyware Surveillance to Uphold Constitutional Rights. Court Directs Expert Committee to Examine Unauthorized Use Claims, Balancing National Security Concerns with Fundamental Rights Protection Under Article 21 of the Constitution.

27 Oct 2021

The Supreme Court of India addressed a batch of writ petitions concerning allegations of unauthorized surveillance using Pegasus spyware on Indian cit...

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