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Supreme Court

Supreme Court Quashes High Court's Declaration That Gond Gowari Tribe Is Extinct, Reaffirms Parliamentary Power Over Scheduled Tribes List. The Court Held That Only Parliament Can Amend the Scheduled Tribes List Under Article 342(2) of the Constitution, and Courts Cannot Tinker with Entries in the Constitution (Scheduled Tribes) Order, 1950.

18 Dec 2020

The Supreme Court heard appeals against a common judgment of the Bombay High Court, Nagpur Bench, dated 14.08.2018, which allowed four writ petitions ...

Supreme Court

Supreme Court Upholds Sub-Classification Within Scheduled Castes for Reservation in Punjab Act. State can provide preferential treatment to more backward castes without tinkering with Presidential List under Article 341.

27 Aug 2020

The Supreme Court considered the constitutional validity of Section 4(5) of the Punjab Scheduled Caste and Backward Classes (Reservation in Services) ...

Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

Supreme Court

Supreme Court Allows Government Appeal in ISRO Drivers Association Recognition Case — Association Formed on Job Description Not a 'Distinct Category' Under Rule 5(c) of CCS (Recognition of Service Associations) Rules, 1993. The Court held that the expression 'distinct category' must be determined by the concerned Ministry/Department based on functional, administrative and organizational set up, and not merely on job description.

10 Aug 2020

The Government of India and others appealed against the judgment of the Division Bench of the High Court of Andhra Pradesh which had directed the appe...

Supreme Court

Supreme Court Dismisses Special Leave Petition in Service Law Promotion Dispute Over Educational Qualifications. Petitioners, Office Assistants and Record Clerks, Failed to Establish Entitlement to Promotion to Junior Bailiff Without SSLC Qualification Under Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Special Rules.

24 Jul 2020

The dispute involved 22 petitioners, comprising Office Assistants and Record Clerks in courts in Erode District, Tamil Nadu, who sought promotion to t...

Supreme Court

Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

22 Jul 2020

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

Supreme Court

Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

22 Jul 2020

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

Supreme Court

Supreme Court Grants Immunity to NBCC from Legal Proceedings in Amrapali Group Case — Dismisses Modification Plea for Interest Waiver by Royalgolf Link City Projects Private Limited. Court held that NBCC, as court-appointed project management consultant, is immune from being impleaded in other forums, and that interest on diverted homebuyer funds is necessary to prevent unjust enrichment.

10 Jun 2020

The Supreme Court disposed of multiple interlocutory applications in the ongoing Amrapali Group matter. In I.A. No.49238 of 2020, NBCC (I) Ltd., appoi...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Non-Compliance of Settlement in Joint Venture Dispute — Reciprocal Obligations Not Fulfilled by Either Party. Court finds no wilful disobedience as both Seth Group and Mittal Group failed to comply with their respective obligations under the Memorandum of Settlement dated 4.5.2015.

24 Apr 2020

The Supreme Court dismissed three contempt petitions arising from a joint venture dispute between the Seth Group and the Mittal Group over the develop...

Supreme Court

Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

3 Apr 2020

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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