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Supreme Court

Supreme Court Upholds Reinstatement of Teacher in Private Aided School — Writ Maintainable Against Body Performing Public Duty. Termination Without Prior Approval of Education Authority Held Illegal Under Delhi School Education Act, 1973.

14 Feb 2019

The appeal arose from a dispute between Marwari Balika Vidyalaya (appellant-school) and Asha Srivastava (respondent-teacher). The respondent was appoi...

Supreme Court

Supreme Court Allows Workers' Union Appeal in Territorial Jurisdiction Dispute — Gujarat High Court Has Jurisdiction as Part of Cause of Action Arose in Gujarat. Workers' Employment at Porbandar Factory and Labour Court Proceedings in Gujarat Confer Jurisdiction Under Article 226(2) of the Constitution.

14 Feb 2019

The appeal arose from a dispute between Cement Workers' Mandal (appellant-Union) and Global Cements Ltd (respondent-company) and Indian Bank (responde...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

Supreme Court

Supreme Court Upholds Magistrate's Summoning Order in Hawala Case — High Court's Revision Order Set Aside. Court holds that at the stage of taking cognizance under Section 190(1)(b) CrPC, the Magistrate need not record detailed reasons; sufficiency of grounds is to be assessed from the charge sheet and accompanying documents.

8 Feb 2019

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had set aside the order of the...

Supreme Court

Supreme Court Allows Appeals by Punjab Wakf Board, Holds Wakf Tribunal Has Jurisdiction Over Suits for Possession of Wakf Property. The Court distinguished Ramesh Gobindram and held that under the Wakf Act, 1995, the Tribunal has exclusive jurisdiction over disputes relating to wakf property, even against non-Muslim lessees.

7 Feb 2019

The Supreme Court allowed two appeals filed by the Punjab Wakf Board against separate judgments of the Punjab and Haryana High Court. The High Court h...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

6 Feb 2019

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

Supreme Court

Supreme Court Sets Aside High Court Mandamus Directing Finalization of RPF as Organized Service. In-Principle Approval by DoPT Was Conditional and Subject to Cadre Review Committee Approval, Which Was Not Granted.

1 Feb 2019

The Supreme Court disposed of a batch of appeals filed by the Union of India against judgments of the Delhi High Court that had directed the governmen...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Dispute Under Rajasthan Rent Control Act, 2001. Tenant's Unilateral Reduction of Agreed Rent Constitutes Default Justifying Eviction.

29 Jan 2019

The appellant, Harbans Kaur, is the landlord of Shop No.3 and 4 in Plot No.362, which was let out to the respondent-tenant, Iqbal Singh, in August 199...

Supreme Court

Supreme Court Allows Union of India's Appeal in FERA Repeal Case — Appeal Against Post-Repeal Adjudication Order Lies Before Appellate Tribunal Under Section 19 of FEMA, Not Special Director (Appeals) Under Section 17 of FEMA. The Court held that the saving clause in Section 49 of FEMA does not preserve the appellate forum under FERA for orders passed after repeal, and the appellate forum is determined by the date of the order.

29 Jan 2019

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Bombay High Court. The controversy centered on the proper...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

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