Search Results for "discretion"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

Search Results for "discretion"

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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 Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

Supreme Court

Supreme Court Dismisses Appeals of Agricultural Produce Market Committees in Service Tax Case on Exemption Grounds. The court upheld service tax liability for renting immovable property pre-01.07.2012, ruling that the activity was not a statutory duty under the Rajasthan Agricultural Produce Markets Act, 1961 and exemption under Circular No.89/7/2006 does not apply.

23 Feb 2022

The Supreme Court of India, in a judgment delivered by Justice M.R. Shah, addressed a group of appeals filed by various Krishi Upaj Mandi Samiti (Agri...

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 Dismisses Appeal in Scheduled Tribe Reservation Case Upholding Termination and Recovery of Benefits. Termination justified as appointment made without valid caste certificate under The Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 and Rules, 1992, protecting constitutional reservation mandate.

22 Feb 2022

The dispute arose from the termination of the appellant's services by the respondent State on 24 March 2014, based on the finding that the appellant d...

Supreme Court

Supreme Court Allows Complainant in Negotiable Instruments Act Case by Reversing High Court's Quashing of Cognizance. Authorized Representative's Complaint Held Competent Under Section 142 as Payee Company Filed Through Knowledgeable Manager, Despite Lack of Explicit Averments, Restoring Magistrate's Order.

22 Feb 2022

The dispute arose from a cheque dishonour case under the Negotiable Instruments Act, 1881. The appellant company, as payee, filed a complaint under Se...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused Based on Supplementary Investigation Report. Magistrate Must Consider Both Initial Report Under Section 173(2) and Supplementary Report Under Section 173(8) of Code of Criminal Procedure, 1973 Conjointly to Determine Prima Facie Case, Following Precedent in Vinay Tyagi v. Irshad Ali.

18 Feb 2022

The appeal arose from a judgment of the High Court of Kerala dated 3 March 2021. On 3 February 2016, an FIR was registered against the appellants for ...

Supreme Court

Supreme Court Dismisses Appeal in Service Tax Classification Case Due to Failure to Prove Job Work Exemption. Services Provided Were Held as Manpower Supply Under Finance Act, 1994, Not Exempt as Job Work Under Notification No.25/2012-Service Tax, Based on Agreement Terms and Lack of Registration Amendment.

18 Feb 2022

The dispute involved an appeal against a judgment of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) regarding service tax classificatio...

Supreme Court

Supreme Court Upholds Auction Purchaser's Rights in Temple Land Sale, Quashing High Court's Re-auction Order After 20 Years. The Court Held That a Non-Participant Lacks Locus Standi to Challenge a Confirmed Auction Sale, and Delay Bars Such Challenges Under Principles of Finality and Natural Justice Under Section 93 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

18 Feb 2022

The dispute originated from a public auction of temple land conducted by the Endowments Department in 1998. The appellant emerged as the highest bidde...

Supreme Court

Supreme Court Upholds Licensing Conditions on Orchestra Bars Under Maharashtra Police Act, 1951. Gender-Based Numerical Restrictions on Performers Held Valid as Reasonable Restrictions in Public Interest Under Article 19(6) of the Constitution.

18 Feb 2022

The appeals arose from a judgment of the High Court of Bombay that upheld conditions imposed by the Commissioner of Police, Brihan Mumbai, on orchestr...

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