Search Results for "prospective overruling"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "prospective overruling"

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Supreme Court

Supreme Court Clarifies Legal Standards for Reservation in Promotions for Scheduled Castes and Scheduled Tribes Under Article 16(4-A) of the Constitution. The Court Held That There Is No Fixed Yardstick for Quantifiable Data Showing Inadequacy of Representation, and the State Must Collect Data Based on Cadre as the Unit, with Sampling Methods Permissible, While Affirming the Prospective Operation of M. Nagaraj v. Union of India.

28 Jan 2022

The judgment arose from a batch of cases challenging reservation in promotions for Scheduled Castes and Scheduled Tribes under Article 16(4-A) of the ...

Supreme Court

Supreme Court Allows Review Applications in Land Acquisition Cases Based on Overruled Precedent. Court held review maintainable under Article 137 of Constitution of India as subsequent Constitution Bench decision in Indore Development Authority overruled earlier Pune Municipal Corporation decision, altering law and providing sufficient reason for review, with matters restored for fresh consideration on merits.

17 Mar 2023

The Supreme Court dealt with a group of review applications filed by the Government of NCT of Delhi and Delhi Development Authority under Article 137 ...

High Court

Bombay High Court Allows Writ Petitions Challenging Assessment Orders Under BST Act — Holds That Tribunal's Order Dated 20/01/2015 Has Prospective Effect Only. The assessing authority acted without jurisdiction in passing assessment orders for 2013-14 contrary to the directions of this Court in Writ Petition No. 2217 of 2015.

18 Apr 2019

The petitioners, Reliance Industries Ltd. and Bharat Petroleum Corporation Ltd., filed writ petitions under Article 226 of the Constitution of India c...

High Court

Bombay High Court Dismisses Petition Challenging Collector's Refusal to Disqualify Sarpanch for Encroachment — No Encroachment on Public Land Found; Toilet Constructed on Private Land Does Not Attract Disqualification Under Section 14(1)(j-3) of Maharashtra Village Panchayat Act.

28 Jan 2019

The petitioner, Sanjay Kantilal Thakare, an elected member of Grampanchayat Akkalkuwa, filed a writ petition before the Bombay High Court at Aurangaba...

Supreme Court

Supreme Court Clarifies Prospective Overruling in Bonus Marks Case for Teacher Appointments in Rajasthan. The Court held that only writ petitioners who moved the High Court before November 18, 1999, are entitled to relief, and appointments made before that date are saved.

30 Apr 2019

The Supreme Court of India heard two civil appeals arising from conflicting decisions of the Rajasthan High Court regarding the interpretation of the ...

Supreme Court

Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

1 Jan 2025

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

Supreme Court

Supreme Court Dismisses Appeals Challenging High Court's Declaration of Manipur Parliamentary Secretary Act as Unconstitutional Due to Lack of Legislative Competence. State Legislature Lacked Authority Under Article 194(3) to Create Parliamentary Secretary Offices, Rendering Both Enactment and Repeal Invalid Under Constitution of India.

1 Feb 2022

The dispute centered on the constitutional validity of the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provi...

High Court

Bombay High Court Allows Writ Petition of School Teacher Challenging Cancellation of Appointment Based on Implied Overruling. Doctrine of Precedent Does Not Permit Reopening of Final Judgments Between Parties.

28 Mar 2018

The petitioner, Jaydeo s/o Dayaram Bokade, was employed as an assistant teacher by Respondent No.1 (Adarsha Bahu Uddeshiya Mandal) and Respondent No.2...

Supreme Court

Supreme Court Delivers Landmark Verdict on Retrospective Application of Taxation Law. Balancing Judicial Overruling and Economic Stability: The Doctrine of Prospective Overruling in Focus.

14 Aug 2024

The Supreme Court of India, in a significant ruling, addressed the application of retrospective taxation following its earlier judgment in the Minera...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

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