Search Results for "Statutory interpretation"

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Search Results for "Statutory interpretation"

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Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Arbitrator's Discretion on Post-Award Interest. The Court held that under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the arbitrator has discretion to determine the quantum for post-award interest, and since the award specified interest only on the principal, the statutory default did not apply.

1 Sep 2022

The appeal arose from a judgment of the Delhi High Court dismissing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, which ch...

Supreme Court

Supreme Court Reverses High Court Judgment on Municipal Corporation's Disciplinary Authority Over State-Appointed Officer. Municipal Corporation Held Competent to Suspend Additional Municipal Commissioner Under Section 56 of Maharashtra Municipal Corporations Act, 1949, Despite Appointment by State Government Under Section 39A.

31 Mar 2022

The Supreme Court considered appeals challenging the Bombay High Court's judgment that quashed the suspension and departmental inquiry against an Addi...

Supreme Court

Supreme Court Dismisses Appeal in Customs Pre-Deposit Dispute Under Section 129E of Customs Act, 1962. Appellant's Claim for Discretionary Relief Under Pre-Substitution Provision Rejected as Order and Appeal Were Post-Substitution, with Legislative Intent Favoring Fixed Percentage Regime.

28 Feb 2022

The dispute arose from an appeal against the dismissal of a customs appeal due to non-compliance with the pre-deposit requirement under Section 129E o...

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 Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

Supreme Court

Supreme Court Considers Validity of Safety Regulation and Government Exemption Order Under Electricity Act, 2003. The Court addressed whether Regulation 116 is ultra vires, if transfer schemes protect unqualified employees, and the arbitrariness of a Government Order granting exemptions from safety qualifications.

18 Feb 2022

The dispute originated from a writ petition filed in the High Court of Kerala challenging Regulation 116 of the Central Electricity Authority (Measure...

Supreme Court

Supreme Court Dismisses Appeal in Land Acquisition Case Regarding Lok Adalat Award as Basis for Compensation Redetermination. Court Held That Lok Adalat Award Under Legal Services Authorities Act, 1987 Does Not Qualify as Determination by 'Court' Under Section 28A of Land Acquisition Act, 1894, as It Is Based on Compromise and Lacks Adjudicatory Function.

3 Feb 2022

The Supreme Court addressed a batch of appeals concerning the interpretation of Section 28A of the Land Acquisition Act, 1894, in relation to Awards p...

Supreme Court

Supreme Court Dismisses Developer's Appeal in Consumer Dispute Over Delayed Possession and Refund. The court upheld the National Consumer Disputes Redressal Commission's order for refund with interest, rejecting the developer's argument that possession delivery period should start from Fire NOC date under the Apartment Buyers Agreement, as construction had commenced earlier.

21 Jan 2022

The appeals arose under Section 23 of the Consumer Protection Act, 1986 from the decision of the National Consumer Disputes Redressal Commission on co...

Supreme Court

Supreme Court Dismisses Interim Application in Land Acquisition Case Under Bangalore Development Authority Act, 1976 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Acquisition proceedings for Peripheral Ring Road lapsed as compensation was not paid nor possession taken before commencement of the 2013 Act under Section 24(2), rendering interim relief infructuous.

20 Jan 2022

The dispute arose from land acquisition proceedings for the Peripheral Ring Road (PRR) around Bangalore, initiated by the Bangalore Development Author...

Supreme Court

Supreme Court Interprets Section 29A(h) of Insolvency and Bankruptcy Code, 2016 Regarding Guarantor Eligibility. The court held that a person who has executed an enforceable guarantee is not disqualified from submitting a resolution plan unless the guarantee has been invoked, as liability crystallizes upon invocation under the amended provisions.

18 Jan 2022

The Supreme Court was called upon to interpret Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, as amended, concerning the eligibility of a...

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