Search Results for "enabling provision"

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...
Supreme Court Dismisses Appeals of Para-Teachers Seeking Regularisation in Jhark...
Supreme Court Allows Appellant in Karnataka SC/ST Land Transfer Case Due to Lach...

Search Results for "enabling provision"

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Supreme Court

Supreme Court Allows Appeals of Legal Heirs of Deceased Doctor in Medical Negligence Case — Revision Petition Abates on Death of Doctor. Right to Sue for Medical Negligence Does Not Survive Against Legal Heirs Under Section 306 of Indian Succession Act, 1925 as Personal Injury Action Extinguishes with Death of Alleged Tortfeasor.

4 May 2026

The case arose from a medical negligence complaint filed in 1997 against Deceased, alleging deficiency in service for an eye operation performed in 19...

Supreme Court

Supreme Court Upholds Dismissal of Air Force Officer in Administrative Action Under Air Force Act, 1950. Administrative dismissal under Section 19 read with Rule 16 of Air Force Rules, 1969 is not barred by the three-year limitation period for court-martial under Section 121 of the Air Force Act, 1950, as limitation applies only to trial by court-martial, not to administrative proceedings.

15 Apr 2026

The dispute involved a former Indian Air Force officer challenging his dismissal from service under the Air Force Act, 1950. The appellant, commission...

Supreme Court

Supreme Court Sets Aside High Court Judgment Invalidating Co-operative Society Bye-laws on Maintainability and Validity Grounds. Writ Petitions Under Article 226 Were Not Maintainable Against Private Co-operative Societies as No Statutory Duty Was Breached and Alternative Remedy Existed Under the Rajasthan Co-operative Societies Act, 2001, and the Bye-laws Prescribing Eligibility Conditions for Election Contests Were Held Valid Under Section 8 Read with Schedule B.

10 Apr 2026

The dispute arose from writ petitions filed by Primary Milk Producers' Co-operative Societies challenging the validity of certain bye-laws framed by D...

Supreme Court

Supreme Court Dismisses Appeal in Pension Rules Case Regarding Withholding of Gratuity During Pending Criminal Proceedings. Court Upholds Statutory Embargo Under Rule 69(1)(c) of Central Civil Services (Pension) Rules, 1972, Holding That Gratuity Cannot Be Paid While Either Departmental or Judicial Proceedings Remain Pending.

7 Apr 2026

The appeal concerned a retired government employee whose gratuity was withheld due to pending criminal proceedings against him. The appellant had work...

Supreme Court

Supreme Court Allows Appeal in Recruitment Rules Case, Reversing High Court Order on Vacancy Filling. The Court held that under the Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997, a vacancy arising from a selected candidate's non-joining must be treated as fresh and filled through subsequent recruitment, as the rules do not provide for an additional list or right to appointment for the next candidate.

23 Mar 2026

The appeal arose from a judgment of the High Court of Karnataka, which had allowed a writ petition filed by the respondent, an ex-serviceman, and set ...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

11 Mar 2026

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...

High Court

High Court Dismisses Petition Challenging Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 - Upholds Arbitral Tribunal's Jurisdiction and Interest Award Under MSMED Act. Court held that remedy under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006 is optional, not exclusive, and ad hoc arbitration permissible, with interest under Section 16 MSMED Act upheld.

10 Mar 2026

The dispute arose from a contract for supply of VRLA batteries between Petitioner, a government enterprise, and Respondent, a company registered under...

High Court

High Court Quashes Recovery Order Under EPF Act for Violation of Natural Justice and Unreasonable Notice. The order dated 08.12.2025 under Section 8-F(3)(i) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, was set aside as it was passed without prior reasonable notice, relying on a stale notice from 2017, and despite pending restoration of an appeal, with directions to refund Rs.3,65,86,242/- recovered from the petitioner's bank accounts.

5 Mar 2026

The dispute arose from a writ petition filed by the Municipal Council, Pusad, challenging an order dated 08.12.2025 passed by the Recovery Officer und...

High Court

High Court Allows Writ Petition, Sets Aside Civil Judge's Order Rejecting Application for Judgment on Admission Under Order XII Rule 6 of CPC in Property Fraud Case Involving Forged Deeds and Impersonation

26 Feb 2026

The Petitioner, filed a Writ Petition under Article 226 of the Constitution of India challenging the Civil Judge, Thane's order dated 12th September 2...

High Court

High Court partly allowed the appeal and enhanced the amount of compensation in an Insurance Company's Appeal in Motor Accident Claim - Tribunal's Compensation Award of Rs.4,28,000/- Upheld with Additional Costs

30 Jan 2026

The National Insurance Company Ltd. appealed against the Tribunal's award of Rs.4,28,000/- compensation to claimants (married daughters of deceased) i...

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