Search Results for "Retrospective effect"

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Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

Supreme Court

Supreme Court Upholds Appointees in Drug Inspector Selection Case, Reversing High Court's Quashing of Appointments. The Court found no arbitrariness or illegality in the recast eligibility criteria, selection committee composition, or viva-voce marks allocation under the Jammu and Kashmir Subordinate Services Recruitment Rules, 1992, and reinstated the 2009 appointments.

28 Mar 2023

The dispute arose from the selection process conducted on 8 September 2009 for appointing drug inspectors in Jammu and Kashmir, resulting in the appoi...

Supreme Court

Supreme Court Allows State's Appeal Against High Court Direction to Amend Pension Regulations for Statutory Board Employees. High Court Exceeded Jurisdiction by Directing Amendment of Regulation 52 of Orissa Khadi and Village Industries Board Regulations, 1960 When Regulation Explicitly Denied Pension Entitlement and Was Not Challenged as Invalid.

17 Mar 2023

The appeal arose from a dispute concerning pensionary benefits for employees of the Orissa Khadi and Village Industries Board. The State of Orissa cha...

Supreme Court

Supreme Court Dismisses Writ Petition in Land Conversion Case Due to Non-Compliance with Policy Conditions. Petitioner's Claim for Leasehold to Freehold Conversion Failed as Land Area and Capital Investment Did Not Meet Mandatory Requirements Under Uttar Pradesh Tourism Policy, 2013.

17 Mar 2023

The dispute arose from a writ petition filed by a company challenging the order dated 24.01.2022 issued by respondent No. 1, which rejected its propos...

Supreme Court

Supreme Court Allows Review Applications in Land Acquisition Cases Based on Overruled Precedent. Court held review maintainable under Article 137 of Constitution of India as subsequent Constitution Bench decision in Indore Development Authority overruled earlier Pune Municipal Corporation decision, altering law and providing sufficient reason for review, with matters restored for fresh consideration on merits.

17 Mar 2023

The Supreme Court dealt with a group of review applications filed by the Government of NCT of Delhi and Delhi Development Authority under Article 137 ...

Supreme Court

Supreme Court Dismisses Appeal in Pension Benefits Case Under Regularisation Rules. Employee Not Entitled to Old Pension Scheme as Initial Appointment Was on Contract Basis and Regularisation Was Prospective Under Rule 6 of Regularisation Rules, 2011.

28 Feb 2023

The dispute centered on the entitlement of an employee to pensionary benefits under the old pension scheme following the regularisation of his service...

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 Appeal in Pay Revision Discrimination Case Against Maharashtra State Financial Corporation - Fixation of Cut-off Date for Fifth Pay Commission Benefits to Retired Employees Held Arbitrary Under Article 14 of the Constitution. The court ruled that denying benefits to employees who retired between 01.01.2006 and 29.03.2010, while granting retrospective benefits from 01.01.2006 to those in service on 29.03.2010, constitutes hostile discrimination as all formed a homogenous class during the revision period.

2 Feb 2023

The Supreme Court heard an appeal concerning the fixation of a cut-off date for implementing Fifth Pay Commission recommendations for employees of the...

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...

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