Search Results for "Retrospective Effect"

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Supreme Court

High Court Grants Restitutive Relief and Compensation to Appellant Against State Government's Arbitrary Actions. Seeking justice, the High Court rectifies wrongs and awards restitution and compensation to the aggrieved appellant.

3 May 2024

The appellant challenges the denial of appointment to the post of Samvida Shala Shikshak Grade-III despite being found eligible in a selection exam he...

Supreme Court

Supreme Court Dismisses Appeal in Duty Drawback Interest Case, Upholding High Court's Award of Interest for Delayed Refund. Clarificatory Circulars Under Exim Policy Have Retrospective Effect, Making Contractor Eligible for Duty Drawback and Interest Under Sections 27A and 75A of Customs Act, 1962.

5 Feb 2024

The dispute arose from the respondent's claim for duty drawback under the deemed export scheme for civil construction work in the Koyna Hydro Electric...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Former Chief Minister in Corruption Case Due to Non-Compliance with Statutory Pre-Condition. Investigation under Prevention of Corruption Act, 1988 was invalid as prior approval under Section 17A was not obtained, rendering the FIR and remand order liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.

16 Jan 2024

The dispute involved a former Chief Minister of Andhra Pradesh challenging criminal proceedings initiated against him by the State CID for alleged off...

Supreme Court

Supreme Court Allows Delhi Development Authority's Appeal in Land Allotment Dispute, Quashing High Court's Direction for Allotment. Court Holds That Internal Notings and In-Principle Approval Do Not Confer Vested Rights, and Policy Change from Allotment to Auction Applies to Pending Cases Under Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 and Amendment Rules, 2006.

11 Jan 2024

The dispute arose from the Delhi Development Authority's appeal against the High Court of Delhi's judgment directing allotment of land to Hello Home E...

Supreme Court

Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

3 Jan 2024

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

Supreme Court

Supreme Court Quashes Post-Result Reduction of Qualifying Marks in Recruitment Process Due to Arbitrary Exercise of Power. The court held that recruitment rules cannot be altered after the game has begun, and horizontal reservation must be applied as per advertisement terms, not treated as vertical reservation post-facto.

20 Feb 2023

The dispute arose from a recruitment process for Supervisor Instructor Class III posts in Gujarat, where the Departmental Selection Committee, followi...

Supreme Court

Supreme Court Allows ESI Corporation's Appeal in ESI Act Coverage Dispute Over Retrospective Application of Amendment. The Court held that the insertion of Section 1(6) of the Employees' State Insurance Act, 1948 applies prospectively from 20.10.1989, making establishments liable for contributions post that date regardless of employee count, and demand notices for such periods are valid without retrospective effect.

20 Jan 2023

The dispute arose from a demand notice issued by the Employees' State Insurance Corporation (ESI Corporation) to a cinema theatre for contributions un...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Block Assessment Case on Levy of Interest and Surcharge. Interest under Section 158BFA(1) of Income Tax Act, 1961 upheld for belated filing of block period return despite notice issued under Section 158BD prior to amendment, as provision inherently incorporates Section 158BC procedure.

13 Jan 2023

The Supreme Court addressed a group of appeals concerning the levy of interest under Section 158BFA(1) and surcharge under Section 113 of the Income T...

Supreme Court

Supreme Court Upholds State in Irrigation Restoration Charges Dispute Due to Estoppel and Contractual Obligation. The court held that a party who signs a contract and issues an undertaking accepting a consideration is estopped from later challenging it, based on principles of estoppel under the Indian Contract Act, 1872.

13 Jan 2023

The dispute arose between the State of Maharashtra and a power company over the levy of irrigation restoration charges for diverting water from agricu...

Supreme Court

Supreme Court Allows Bank's Appeal in Service Dismissal Case, Reinstating Penalty Imposed Post-Retirement. Disciplinary Proceedings Under Rule 19(3) of SBIOSR, 1992 Were Deemed Concluded Before Superannuation, Making Retrospective Dismissal Valid Despite Officer's Retirement During Stay of High Court Order.

9 Jan 2023

The dispute arose from disciplinary proceedings against a bank officer who was suspended in 1993 for various lapses, leading to a dismissal order in 1...

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