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Supreme Court

Supreme Court Allows State's Appeal in Pension Dispute with Institute Employees — State Not Liable for Pension Payments Under Institute's Self-Funded Scheme. Board Resolution Explicitly Stated No Separate Grant Would Be Sought from Government for Retirement Benefits.

30 Jan 2019

The present appeal arises from a dispute between the State of Bihar and employees of the Anugraha Narayan Sinha Institute of Social Studies, Patna, re...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal to Continue Winding Up Petition in High Court Amidst Insolvency Proceedings Under IBC. Held that winding up petitions under Section 433(e) of Companies Act, 1956 where notice has been served under Rule 26 of Companies (Court) Rules, 1959 are not automatically transferred to NCLT and may continue in High Court, but such continuation does not bar initiation or continuation of independent insolvency proceedings under IBC by other creditors.

22 Jan 2019

The appeal arose from an operational creditor's challenge to the continuation of insolvency proceedings under the Insolvency and Bankruptcy Code, 2016...

Supreme Court

Supreme Court Allows Appeal of Partially Blind Candidate for Civil Judge Post — Condition of 40%-50% Disability Held Invalid Under Persons with Disabilities Act, 1995. The Court held that restriction on disability percentage for identified posts must be based on expert committee determination, not arbitrary government decision.

22 Jan 2019

The appellant, a practicing advocate with 70% visual impairment, applied for the post of Civil Judge (Junior Division) in Tamil Nadu pursuant to a not...

Supreme Court

Supreme Court Dismisses Appeals by Nagpur Improvement Trust Challenging High Court Order Setting Aside Demolition Notice. Internal Road Not Shown in Development Plan Under MRTP Act Cannot Be Implemented Despite Earlier Scheme Under NIT Act.

22 Jan 2019

The case involves a dispute over a 15-metre internal road proposed under a Town Planning Scheme (the 'Abhyankar Road Widening and Buty Mahal Street Sc...

Supreme Court

Supreme Court Upholds Rejection of Tender for Non-Compliant Bank Guarantee in Public Works Contract. Material Deviation in Performance Security Period Cannot Be Condoned After Bid Submission.

22 Jan 2019

The case arose from a tender called by the Vidarbha Irrigation Development Corporation for balance earthwork in a canal. Three bidders responded: Resp...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the orders were invalid as they undermined the independence of the CBI Director.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23rd October 2018. The first order was passed by the Centra...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the divestment of the CBI Director's functions without due process violated the rule of law.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23 October 2018. The first order was passed by the Central ...

Supreme Court

Supreme Court Dismisses Appeal in Inter Se Seniority Dispute Among Teachers Under Maharashtra Employees of Private Schools Rules, 1981 — Seniority Determined by Date of Entry into Category Based on Qualifications

4 Jan 2019

The dispute in this appeal pertains to the inter se seniority of the appellant and the 5th respondent, both appointed as Assistant Teachers in a secon...

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