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Search Results for "qualifying period"

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Supreme Court

Supreme Court Dismisses Appeal of Power Developer in Mega Power Policy Customs Duty Exemption Dispute — Press Release Not a Binding Policy Change. The court held that a Press Release reducing the capacity threshold for Mega Power Projects from 1000 MW to 700 MW did not create a binding right to customs duty exemption under Section 25 of the Customs Act, 1962, and the appellant had assumed the risk of policy changes under the RFP.

20 Nov 2024

The appeal arose from a judgment of the Appellate Tribunal for Electricity (APTEL) dated 30.06.2014, which dismissed the appeal of Nabha Power Limited...

Supreme Court

Repealed Penalty Rule Cannot Apply: The Supreme Court Upholds Application of Amended Rule in Excise Penalty Case

19 Apr 2024

The Supreme Court of India ruled in favor of Pernod Ricard India (P) Ltd, holding that penalties for exceeding permissible limits of liquor wastage du...

Supreme Court

Supreme Court Allows Employee to Withdraw Resignation Under CCS Pension Rules Despite Pending Chargesheet. Withdrawal Permissible Under Rule 26(4) as Authorities Granted Vigilance Clearance and Accepted Resignation, Estopping Them from Relying on Chargesheet, and Conditions of Compelling Reasons, Proper Conduct, and Timely Request Were Met.

23 Mar 2023

The dispute involved a government school teacher who resigned to contest municipal elections, had her resignation accepted, but after losing, sought t...

Supreme Court

Supreme Court Allows State Appeal in Service Matter Due to Inordinate Delay and Laches — Respondent's Claim for Reinstatement After 33 Years Rejected as Stale and Barred by Limitation. The Court held that repeated representations do not revive a stale cause of action and that the respondent abandoned her employment by not asserting her rights within a reasonable time.

7 Dec 2022

The State of Uttar Pradesh and its education authorities appealed against a judgment of the Allahabad High Court (Lucknow Bench) which declared that t...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Reinstates Premature Retirement Order of Head Constable Under Fundamental Rules and CCS (Pension) Rules. The Court Held That Judicial Review of Compulsory Retirement Is Limited to Mala Fides, Arbitrariness, or Perversity, and Entire Service Record Including Old Adverse Entries and Uncommunicated Remarks Can Be Considered.

4 Feb 2022

The appeal arose from an order of the Delhi High Court that set aside the premature retirement of a Head Constable under Rule 56(j) of the Fundamental...

Supreme Court

Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

10 Aug 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

Supreme Court

Supreme Court Allows Appeal Against NCLAT Order in Competition Law Case — Locus Standi of Informant Under Section 19(1)(a) of Competition Act, 2002. The Court held that the expression 'any person' in Section 19(1)(a) is wide and does not require the informant to be a consumer or competitor.

9 Sep 2020

The appeal arose from an information filed by Samir Agrawal, an independent law practitioner, before the Competition Commission of India (CCI) on 13.0...

Supreme Court

Supreme Court Upholds Council of Architecture's Authority Over AICTE in Architectural Education Matters — Conflict Between Two Regulatory Bodies Resolved in Favor of Special Statute. The Court held that the Architects Act, 1972, being a special statute, prevails over the general AICTE Act, 1987, in matters of approval and regulation of architectural institutions.

8 Nov 2019

The case involves a conflict between two regulatory bodies: the All India Council for Technical Education (AICTE) and the Council of Architecture (CoA...

Supreme Court

Supreme Court Allows Appeal in Working Journalists Act Case Excluding Perquisites from Gratuity Calculation. Ex-Employee's Gratuity Claim Not Barred; Car Allowance, Free Telephone and Newspapers Not Wages Under Section 2(rr) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955.

2 Apr 1969

The dispute arose out of a claim for gratuity and leave compensation filed by a former special correspondent of Bennett Coleman & Co. (P) Ltd. under t...

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