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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 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 Dismisses Appeal in Cooperative Society Plot Allotment Dispute Due to Lack of Maintainability and Unclean Hands. Dispute Raised by Non-Members and Rival Claimants Under Section 61 of Andhra Pradesh Cooperative Societies Act, 1964 Was Not Maintainable as It Did Not Touch Constitution, Management or Business of Society.

11 Jan 2022

The appeal arose from a dispute over allotment of a plot measuring 3.2 cents in a layout formed by the N.G.O. Cooperative Building Society Ltd. The Go...

Supreme Court

Supreme Court Allows State's Appeal Against High Court Order Granting Pensionary Benefits to Employees of Autonomous Society. Denial of Pension Does Not Violate Article 14 as Employees of Society Registered Under Societies Registration Act, 1860 Are Not Similarly Situated to Government Employees Under Specific Service Rules Excluding Pension.

10 Jan 2022

The dispute arose from the State of Maharashtra's refusal to extend pensionary benefits to employees of the Water and Land Management Institute (WALMI...

Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Dispute Over Interest and Contract Interpretation. The Court held that arbitral tribunals have the power to award compound interest under Section 31(7) of the Arbitration and Conciliation Act, 1996, and that a Memorandum of Understanding merged into an Implementation Agreement for arbitration purposes based on contractual terms.

7 Jan 2022

The Supreme Court addressed two civil appeals arising from a common judgment of the High Court of Himachal Pradesh in an arbitration dispute between U...

Supreme Court

Supreme Court Allows Appeal in Administrative Tribunals Act Case on Jurisdictional Grounds - High Court at Calcutta Found Lacking Jurisdiction to Review Transfer Order Passed by Principal Bench at New Delhi. Judicial Review of Tribunal Transfer Orders Under Article 226/227 Lies with High Court Within Whose Territorial Jurisdiction the Tribunal Bench Passing the Order is Located, Not Where Original Application Was Filed Under Section 25 of Administrative Tribunals Act, 1985.

6 Jan 2022

The Supreme Court addressed a jurisdictional question concerning judicial review of transfer orders passed by the Central Administrative Tribunal unde...

Supreme Court

Supreme Court Remands Resolution Professional's Fee Dispute to NCLT for Reasoned Determination Under Insolvency and Bankruptcy Code, 2016. The Court held that the adjudicating authority has jurisdiction under Section 60(5)(c) to determine insolvency resolution process costs, but both NCLT and NCLAT failed to exercise it properly by not considering the claim's basis or reasonableness, leading to an order of remand.

5 Jan 2022

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 30 July 2020, concerning the payment of costs and expenses incur...

Supreme Court

Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

3 Jan 2022

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

Supreme Court

Supreme Court Allows Appeals of Successful Resolution Applicant and Resolution Professional in IBC Case — Commercial Wisdom of CoC Upheld. NCLAT Order Set Aside as It Improperly Interfered with CoC's Decision to Accept H1 Bidder's Plan Despite Belated Revised Offer.

17 Dec 2021

The Supreme Court allowed the appeals filed by Ngaitlang Dhar (successful resolution applicant) and Amit Pareek (Resolution Professional) against the ...

Supreme Court

Supreme Court Dismisses Appeals of Daily Wagers Seeking Higher Pay Scale from Gujarat Water Supply Board. Board's Non-Adoption of Subsequent Government Resolutions Precludes Entitlement to Pay Scale of Rs.950-1500.

17 Dec 2021

The Supreme Court dismissed appeals by daily rated employees of the Gujarat Water Supply and Sewerage Board, challenging the High Court's decision tha...

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