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Supreme Court

Supreme Court Allows Appeal in Property Dispute Case Due to High Court Exceeding Jurisdiction Under Section 100 CPC. High Court's Reappreciation of Evidence in Second Appeal Quashed as Beyond Scope of Substantial Question of Law.

13 Mar 2019

The present appeal arises from a property dispute between the original plaintiff (respondent) and the original defendants (appellants) concerning the ...

Supreme Court

Supreme Court Dismisses Appeal by Legal Heirs of Sirdar, Upholds Sale Deed Executed Before Grant of Bhumidhari Certificate. Section 43 of Transfer of Property Act Applies to Validate Transfer Where Vendor Subsequently Acquires Title by Retrospective Operation of Bhumidhari Certificate Under U.P. Zamindari Abolition and Land Reforms Act, 1950.

8 Mar 2019

The appeal arose from a judgment of the Allahabad High Court dated 03.03.2006, which allowed a writ petition filed by the respondent (vendee) and dism...

Supreme Court

Supreme Court Acquits Forest Officer in Murder Case Due to Hostile Witnesses and Failure to Prove Incident Beyond Reasonable Doubt. Conviction under Section 304 Part II IPC Set Aside as Prosecution Failed to Establish Manner of Occurrence.

7 Mar 2019

The appellant, Sukumaran, a Forest Range Officer, was convicted by the Additional Sessions Judge, Dharmapuri, for offences under Sections 302 and 203 ...

Supreme Court

Supreme Court Allows Appeal in Excise Duty Exemption Case — NCCD, Education Cess and Secondary & Higher Education Cess Not Payable When Basic Excise Duty Exempted. Exemption Notification Under Section 5A of Central Excise Act, 1944 Covers NCCD as Duty of Excise, and Surcharges on Excise Duty Cannot Be Levied Without Substratum.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (appellant) and the Union of India (respondent) regarding the liability to pay National Cal...

Supreme Court

Supreme Court Allows Appeal in Part — NCCD Payable Despite Excise Duty Exemption, Education Cess and Secondary & Higher Education Cess Not Payable. The Court held that Education Cess and Secondary & Higher Education Cess, being surcharges on excise duty, cannot be levied when basic excise duty is exempted, but NCCD, being an independent duty of excise, is payable.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (the appellant) and the Union of India regarding the liability to pay National Calamity Con...

Supreme Court

Supreme Court Dismisses Challenge to Disqualification Clause for Workman Director in Nationalised Banks — Clause 3(2)(iii)(b) of the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970 Held Valid Under Article 14. The Court upheld the requirement that a workman must have at least three years of residual service to be nominated as a director, finding it a reasonable classification.

1 Mar 2019

The appeal arose from a writ petition filed by the Federation of Bank of India Staff Unions and another against the Union of India and the Bank of Ind...

Supreme Court

Supreme Court Allows Union of India's Appeal in Land Oustee Rehabilitation Case — Policy for Preferential Employment Does Not Exempt Selection Process. The Court held that the Railway Board's policy for preferential treatment to land oustees does not exempt them from undergoing the selection process; they must fulfill qualifications and be found suitable by recruitment committees.

1 Mar 2019

The dispute pertains to the rehabilitation of land oustees whose lands were acquired between 1984-85 and 1992-93 for the Sambalpur-Talcher Rail Link P...

Supreme Court

Supreme Court Allows Union of India's Appeal in Land Oustee Rehabilitation Case — Policy for Preferential Employment Does Not Exempt Selection Process. The Court held that the Railway Board's policy for offering employment to displaced persons does not exempt them from undergoing the selection process; they must fulfill qualifications and be found suitable by recruitment committees.

1 Mar 2019

The dispute pertains to the rehabilitation of land oustees whose lands were acquired between 1984-85 and 1992-93 for the Sambalpur-Talcher Rail Link P...

Supreme Court

Supreme Court Upholds State's Power to Prohibit Export of Sand Under MMDR Act - Gujarat Rules Restricting Inter-State Sand Movement Held Valid. The Court held that the prohibition on export of sand was a reasonable restriction under Article 304(b) of the Constitution, aimed at preventing illegal mining and conserving natural resources.

1 Mar 2019

The case involves appeals by the State of Gujarat against the Gujarat High Court's judgment striking down Rules that prohibited the export of ordinary...

Supreme Court

Supreme Court Acquits Accused in Corruption Case Due to Lack of Proof of Demand. Conviction under Prevention of Corruption Act cannot be sustained when primary evidence of demand is absent due to complainant's death and no other reliable evidence establishes demand.

28 Feb 2019

The Supreme Court allowed the appeal of Mrs. Neeraj Dutta, an LDC in Delhi Vidyut Board, who was convicted under Sections 7 and 13(1)(d) read with Sec...

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