Search Results for Tag : Encashment

Judgments

Beneficiary is entitled to realize a Bank Guarantee in terms thereof irrespective of any pending dispute relating to the terms of the contract(20.12.2019)

In the 'Corporate Insolvency Resolution Process' of Vishwa Infrastructures and Services Private Limited, the Appellant - 'Thermax Limited' (Operationa.....

Tags : Bank Guarantee, Encashment

Invocation of a bank guarantee cannot be injuncted merely on ground that disputes are pending between the parties(08.02.2021)

The Petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 ( A&C Act), praying that direction be issu.....

Tags : Bank guarantee, Encashment, Injunction

News

SC: Leave Encashment Benefit is Part of Salary(28.09.2022)

Supreme Court while observing that leave encashment is part of salary, has held that condition in Rajasthan Voluntary Rural Education Service Rules, 2.....

Tags : Supreme Court, Leave Encashment, Salary

ITAT Delhi: Employees of University Entitled to Full Exemption of Arrears of Gratuity(06.06.2017)

ITAT Delhi has held that an employee of a ‘University’ is entitled to full exemption of arrears of Gratuity and leave encashment u/s 10(10) of Income .....

Tags : ITAT Delhi, Gratuity, leave encashment

NCLAT: Insolvency Cannot be Initiated on Basis of Unpaid LTC And Leave Encashment Dues(16.05.2022)

National Company Law Appellate Tribunal, has ruled that the welfare claims such as Leave Encashment, superannuation dues are not operational debt for .....

Tags : National Company Law Appellate Tribunal, Leave Encashment, Corporate Debtor, Section 9, Insolvency & Bankruptcy Code, 2016, superannuation dues

Merits and the terms of contract are irrelevant for invoking of the bank guarantees(15.11.2017)

The Petitioner has filed present petition under Section 9 of the Arbitration and Conciliation (Amendment) Act, 2015 with a prayer that, Respondents be.....

Tags : Bank guarantee, Encashment

Unless there is fraud of beneficiary or irretrievable harm or injury, Courts are not to interfere with encashment of Bank Guarantees(02.09.2016)

Appellant No. 1 a Joint Venture Company formed for specific purpose of constituting, commissioning and operating Kochi-Coimbatore-Erode-Salem LPG Pipe.....

Tags : Bank guarantee, Encashment, Delay, Financial Closure

Ori HC: Can’t Recover Excess Payment Made to Emp. From Leave Encashment Benefits Post Retirement(23.02.2024)

Orissa High Court has held that if excess payment has been made to an employee without any fault on his part, such amount cannot be recovered by the e.....

Tags : Orissa High Court, Excess Pament, Leave Encashment Benefits

SC: Courts Must Tread Carefully to Prevent Employees from Claiming Leave Encashment Multiple Times(25.04.2025)

Supreme Court has observed that courts must tread carefully to prevent employees from claiming leave encashment multiple times for the same accrual, w.....

Tags : Supreme Court, Leave Encashment, Unjust Enrichment