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Supreme Court

Supreme Court Allows Judicial Officer's Appeal in Seniority Dispute Under West Bengal Judicial Service Rules. High Court's Administrative Decision to Rectify Promotion Delay by Fixing Seniority Against 2004-2008 Vacancies Upheld as Valid, Setting Aside High Court Orders.

13 Sep 2022

The dispute concerned a judicial officer's seniority fixation in the West Bengal Higher Judicial Service. The appellant joined the Judicial Service in...

Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

Supreme Court

Supreme Court Allows Appeal in Judicial Service Recruitment Case, Reinstating Appellant with Continuity but Without Back Wages. The Court Held That Eligibility for Direct Recruitment Is Determined as on the Date of Application, and the Precedent in Dheeraj Mor Does Not Apply Where the Candidate Was Not in the Recruiting State's Judicial Cadre at the Time of Application or Selection.

12 Sep 2022

The dispute arose from the recruitment of the appellant to the post of Additional District and Sessions Judge in Bihar. The appellant, an advocate wit...

Supreme Court

Supreme Court Allows Consumer Appeal in Car Delivery Dispute, Restoring Lower Forum Orders. National Commission Exceeded Revisional Jurisdiction Under Section 21(b) of Consumer Protection Act, 1986 by Interfering with Concurrent Findings of Fact on Used Car Delivery.

8 Sep 2022

The dispute arose from a consumer complaint where the appellant booked and paid the full sale consideration for a new Tata Victa GX TC car from the de...

Supreme Court

Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

7 Sep 2022

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Involving Corporate Guarantee for Non-Corporate Borrowers. Corporate Insolvency Resolution Process Under Section 7 of Insolvency and Bankruptcy Code, 2016 is Maintainable Against Corporate Person as Guarantor Even When Principal Borrower is Not a Corporate Person, as Default Triggers Financial Debt and Corporate Debtor Status.

6 Sep 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016 (IBC), where the appellant, a promoter and director of Maharaja Theme P...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Excise Duty Refund Case Under Central Excise Act, 1944. Refund Denied as Value of Returned Goods Determined as Scrap Was Less Than Duty Paid Under Section 173L(v), with No Error Found in Valuation or Procedural Fairness.

5 Sep 2022

The dispute arose from a claim for refund of excise duty by an assessee manufacturer of plastic moulded furniture, who had issued credit notes for rej...

Supreme Court

Supreme Court Disposes of Appeal in Tender Disqualification Case Based on Consent Terms. Termination of Concession Agreement Not to be Treated as Disqualification for Future Tenders by Public Authorities, Given Appellant's Undertaking Not to Claim Rights in Specific Tenders and Pending Arbitration.

5 Sep 2022

The Supreme Court disposed of a civil appeal and a writ petition concerning the disqualification of Adani Ports and Special Economic Zone Limited from...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

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