Search Results for "Retrospective Effect"

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Supreme Court

Supreme Court Partially Allows Appeal in Service Law Case Regarding Back Wages for Reinstated Employee. The Court enhanced back wages from 50% to 75% for a faultless employee dismissed based on an incompetent authority's caste verification report, later vindicated by the competent authority, under principles of fairness and exceptions to the no work no pay rule.

23 Feb 2022

The dispute originated from the appellant's dismissal from service as a Staff Nurse after a Tahasildar's report questioned her Scheduled Caste status....

Supreme Court

Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

22 Feb 2022

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...

Supreme Court

Supreme Court Dismisses Distribution Company's Appeal in Electricity Act Case Over Tariff Dispute. The Court upheld the Rajasthan Electricity Regulatory Commission's order altering the tariff for inadvertent drawal from temporary to regular supply under open access regulations, affirming regulatory authority under Sections 42 and 181 of the Electricity Act, 2003.

17 Feb 2022

The appeal was filed under Section 125 of the Electricity Act, 2003 by Ajmer Vidyut Vitran Nigam Limited (AVVNL), a distribution company, challenging ...

Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case on Applicability of Deposit Condition Under Old Act. The court held that the appeal is governed by the Consumer Protection Act, 1986, as the right of appeal accrued before the 2019 Act came into force, and the deposit of ₹50,000 under Section 23 suffices for entertaining the appeal.

15 Feb 2022

The appeal arose from an order of the National Consumer Dispute Redressal Commission directing the appellant to pay a substantial sum with interest. T...

Supreme Court

Supreme Court Dismisses Appeals in Arbitration Appointment Dispute Under Arbitration and Conciliation Act, 1996. The Court upheld the High Court's appointment of an arbitrator under Section 11, finding no error in notice service and that arbitrability issues should be decided by the Arbitral Tribunal first, with pending Section 34 petition addressing objections.

2 Feb 2022

The dispute arose from three partnership firms involving the appellant, respondent no.1, and other respondents, with identical facts across cases. Res...

Supreme Court

Supreme Court Upholds Employees' Seniority and Promotion Rights in Service Regularization Dispute - Continuity of Service Entitles Counting of Retrenched Period for Promotion Without Monetary Benefits Under Article 226 of the Constitution.

31 Jan 2022

The dispute originated from the appointments of the respondents as Assistant Managers on contract in 2000, which were regularized in 2006 under the Ke...

Supreme Court

Supreme Court Upholds Assistant Professors' Promotion Under DACP Scheme Against Statutory Corporation's Recruitment Regulations. Promotion Governed by DACP Scheme as ESIC Regulations Issued Without Prior Central Government Approval Under Section 17(2)(a) of Employees' State Insurance Act, 1948.

20 Jan 2022

The dispute arose from the promotion of Assistant Professors employed by the Employees' State Insurance Corporation (ESIC) to the post of Associate Pr...

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 Allows Appeals in Uttar Pradesh Imposition of Ceiling on Land Holdings Act Case, Granting Independent Tenure Holder Status to Sub-lessees. Sub-lessees under a government lessee for agricultural purposes qualify as tenure holders under Sections 3(9) and 3(17) of the Act, rebutting the presumption under Section 5 Explanation II, and are exempt from lease deed transfer conditions due to agricultural use.

10 Jan 2022

The appeals arose from a common judgment of the High Court of Uttarakhand dismissing writ petitions filed by the appellants, who were sub-lessees unde...

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