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Supreme Court set aside the High Court’s judgment directing payment of salary for the period 01 January 2015 to 31 May 2018 – Held that respondents had attained superannuation age by 2013 and 2015, respectively.

The age of superannuation must be considered when determining entitlement to back wages and reinstatement benefits. (Paras: 8, 9, 10) Supreme Court h...

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Bombay High Court Quashed FIR and Proceedings in Special Case No.52/2020 Against Applicant – Held FIR Lacked Prima Facie Case and Sanction Under Section 196(1A) of the Code of Criminal Procedure, 1973 Was Not Obtained

The Court Held That the Criminal Proceedings Were Manifestly Attended With Mala Fide and Instituted With Ulterior Motive – No Sufficient Evidence to...

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Arbitration Petition Dismissed: No Binding Amendment to Development Agreement Established. Court Holds No Consensus Ad Idem on Essential Terms of Amendment – Section 37 of the Arbitration and Conciliation Act, 1996 Invoked

Binding Amendment Requires Consensus on Essential Terms: – For a binding amendment to a development agreement, the parties must reach consensus ad...

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Supreme Court Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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Supreme Court Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

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Regularization of Contractual Employees — Interpretation of Initial Constitution under Sports Authority of India (SAI) Executive Cadre (Grade A) Staff Recruitment Rules, 2022 — Rejection of Recall Application

The Court emphasized that once a concession was made by a party’s counsel and recorded by the court, the party could not later challenge the ord...

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Supreme Court Rules on Custody of US Citizen with Intellectual Disability: Repatriation to US Deemed in Best Interest. Court Emphasizes Best Interests of Child Over Parental Disputes, Upholds Guardianship Order

Best Interests of the Child: The Court emphasized that the welfare and best interests of the child are paramount in custody disputes, especially when...

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Partition and Separate Possession Dispute: Ancestral vs. Self-Acquired Property – High Court Upholds Joint Family Property Status

High Court Clarifies Partition Rights in Joint Family Property, Rejects Prior Partition Claims Presumption of Joint Family Property: The Court held t...