Search Results for "First proviso"

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Search Results for "First proviso"

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Supreme Court

Supreme Court Upholds High Court Judgment Directing Shift of Toll Plaza for Violation of National Highways Fee Rules. Construction at 194 km of NH30 Found to Violate Rule 8 of National Highways Fee (Determination of Rates and Collection) Rules, 2008 Due to Lack of Written Reasons and Failure to Meet Conditions for Municipal Area Placement.

23 Sep 2021

The dispute arose from a writ petition filed by respondents 1 to 17 (writ petitioners) seeking to restrain the construction of a toll plaza at 194 km ...

Supreme Court

Supreme Court Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

Supreme Court

Supreme Court Upholds Teachers in University Appointment Validity Dispute - Appointments Made Under Uttar Pradesh State Universities Act, 1973 Remain Valid Despite University's Conversion to Central University Under Central Universities Act, 2009.

3 Sep 2021

The dispute involved teachers appointed as Associate Professors/Assistant Professors in the Department of Pharmaceutical Sciences at H.N.B. Garhwal Un...

Supreme Court

Supreme Court Allows Appeals in Municipal Mayor Reservation Dispute, Upholding State Notification for Backward Class Category. The Court Held That Rotation Policy Under Maharashtra Municipal Corporations Rules Does Not Require All Categories to Get Representation in Each Corporation, as Reservation is Allocated Proportionately State-Wide.

1 Sep 2021

The Supreme Court of India heard civil appeals challenging a High Court judgment that set aside a notification reserving the Office of Mayor in Dhule ...

Supreme Court

Supreme Court Upholds State Notification Reserving Mayor's Office for Backward Class Under Municipal Reservation Rules. High Court's Setting Aside of Notification Overturned as It Misinterpreted Rotation Policy Under Rule 3 of Maharashtra Municipal Corporations (Reservation of Offices of Mayors) Rules, 2006, by Failing to Consider Clauses (d) and (e) Which Allow Repeated Reservation for One Category Without Reserving for Another.

1 Sep 2021

The dispute arose from a challenge to a notification dated November 27, 2019, reserving the office of Mayor in Dhule Municipal Corporation for the Bac...

Supreme Court

Supreme Court Allows Appeal for Cancellation of Bail in Murder Conviction Case Due to Subsequent Offence and Judicial Pressure. Bail revocation sought under Section 389(1) CrPC based on new FIR alleging murder and prior convictions, with court noting judicial officer's pressure from police and accused.

22 Jul 2021

The appeal arose from an order of the High Court of Madhya Pradesh dated 23 July 2019, which declined to entertain applications for cancellation of ba...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Financial Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. Approval of Resolution Plan by Committee of Creditors Based on Commercial Wisdom is Not Subject to Judicial Review on Grounds of Security Interest Value Omission, as Per Section 30(4) and Limited Scope Under Section 61(3).

13 May 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the corporate debtor VSP Udyog Private Limited. The appellan...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Secured Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The Court upheld the commercial wisdom of the Committee of Creditors in approving a resolution plan, ruling that consideration of security interest value under Section 30(4) is a guideline not subject to judicial review under Section 61(3), absent unfair treatment within the same class.

13 May 2021

The dispute arose from the corporate insolvency resolution process of VSP Udyog Private Limited, where India Resurgence ARC Private Limited, a secured...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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