Search Results for "rules cannot override statute"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
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...

Search Results for "rules cannot override statute"

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Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

High Court of Bombay Quashes Compulsory Retirement Order and Remands for Fresh Inquiry in Sexual Harassment Dispute. The court held that imposing major penalty under Section 13(3)(i) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires separate inquiry under Central Civil Services (Classification, Control and Appeal) Rules, 1965, as applicable to IIT Bombay employees, beyond Internal Complaints Committee proceedings.

24 Mar 2026

The High Court of Bombay adjudicated a writ petition filed by a professor at IIT Bombay challenging his compulsory retirement order based on sexual ha...

Supreme Court

Supreme Court Upholds Union and State in Consumer Protection Rules Challenge, Reversing High Court's Striking Down of Qualification and Procedure Provisions. Rules 3(2)(b), 4(2)(c), and 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 Found Not Arbitrary Under Article 14 of Constitution of India, as They Provide Sufficient Guidelines for Appointments to Consumer Commissions.

3 Mar 2023

The Supreme Court addressed appeals by the Ministry of Consumer Affairs, Union of India, and State of Maharashtra against a common judgment and order ...

High Court

High Court of Karnataka Allows Writ Appeal in Service Matter, Directs Appointment of Selected Candidates to Abolished Post. Court held that abolition of cadre by executive order without amending statutory rules is invalid, and selected candidates with legitimate expectation must be appointed under the Karnataka Municipal Corporation (Common Recruitment of Officers and Employees) Rules, 2011.

23 Mar 2026

The dispute arose from a writ appeal filed by three appellants against the judgment of a single judge in W.P.No.7190/2022, which upheld the State Gove...

High Court

Bombay High Court Upholds Dismissal of Bank Employee in Disciplinary Proceeding — Enquiry Found Fair and Findings Not Perverse. Part-I Award of Industrial Tribunal Confirmed as No Violation of Natural Justice or Principles of Evidence.

23 Dec 2025

The petitioner, Chandrakant Shinde, an employee of Maharashtra Gramin Bank (a Regional Rural Bank established under the Regional Rural Banks Act, 1976...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Allows Chief Information Commissioner's Appeal in RTI Case Against High Court. Section 22 of RTI Act Overrides Gujarat High Court Rules Requiring Affidavit for Third-Party Copy Requests.

1 Jan 2020

The Supreme Court considered an appeal by the Chief Information Commissioner against a Gujarat High Court Division Bench order that set aside the CIC'...

High Court

Bombay High Court Dismisses Petition Challenging Police Recruitment Selection Process — No Merit in Allegations of Irregularities in Physical Endurance Test and Viva Voce. Court Held That Selection Process Was Conducted Fairly and in Accordance with Rules, and Petitioner Failed to Establish Any Malafides or Violation of Principles of Natural Justice.

28 Sep 2017

The petitioner, Sushant Suresh Salvi, filed a writ petition under Article 226 of the Constitution of India challenging the selection process for the p...

Supreme Court

Supreme Court Allows State Appeal in Gram Panchayat Adhikari Recruitment Dispute — Waiting List Not Permissible Under 2015 Rules. Division Bench erred in directing consideration of candidates beyond the select list as 2015 Rules override 1978 Rules and do not provide for a waiting list.

12 Dec 2022

The Supreme Court allowed the appeals filed by the State of Uttar Pradesh against the judgment of the Allahabad High Court Division Bench. The dispute...

Supreme Court

Supreme Court Upholds Council of Architecture's Authority Over AICTE in Architectural Education Matters — Conflict Between Two Regulatory Bodies Resolved in Favor of Special Statute. The Court held that the Architects Act, 1972, being a special statute, prevails over the general AICTE Act, 1987, in matters of approval and regulation of architectural institutions.

8 Nov 2019

The case involves a conflict between two regulatory bodies: the All India Council for Technical Education (AICTE) and the Council of Architecture (CoA...

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