Search Results for "1908"

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Bombay High Court Quashed the Commercial Court’s Order for Failing to Exercise Jurisdiction Under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC)

The matter was remitted to the Commercial Court for a fresh decision on the appellant’s application seeking judgment on admissions. The High Court ...

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Bombay High Court Quashed Trial Court’s Order Denying Amendment of Plea in Suit for Pre-emption Rights. Court Held That the Amendment Was Merely Clarificatory and Did Not Change the Nature of the Suit

Constitution of India (COI) – Article 227 – Power of Superintendence of High Court – Court held that interference under Article 227 is justified...

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Deemed Conveyance Under Maharashtra Ownership Flats Act, 1963 (MOFA) — Civil Court Jurisdiction in Title Disputes — Quasi-Judicial Authority’s Scope — Premature Application for Deemed Conveyance

Constitution of India (COI) — Article 226 — Writ Jurisdiction — Civil Court’s Exclusive Authority on Title Disputes Maharashtra Ownership Fla...

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Appeal against the direction of 'pay and recover' by the Motor Accident Claims Tribunal, Nagpur – Learner’s licence validity and Rule 3(b) of the Central Motor Vehicles Rules, 1989 interpreted – Exemption for motorcycle riders under Rule 24(3)(v) clarified.

The High Court upheld the tribunal's direction of 'pay and recover' and ruled that the appellant violated Rule 3(b) by driving without an instructor. ...

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Bombay High Court Permitted the Plaintiff to Produce Balance Sheets and Email Correspondence Despite Delay — Emphasized Reasonable Cause for Non-Disclosure and Lack of Prejudice to the Defendants

Commercial Summary Suit — Production of Additional Documents Allowed Subject to Costs The Court allowed the production of additional documents, not...

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Supreme Court Grants Regular Pay Scale to Part-Time Sweepers Employed under Special Recruitment Drive. Temporary Employees Under Government Schemes Cannot Be Denied Regular Pay Scale If They Meet Eligibility Criteria.

Constitution of India, 1950 – Article 309 – Code of Civil Procedure, 1908 – Regularization of employment – Contingency paid employees – Elig...

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Bias vs. Fair Hearing – Supreme Court Restores Shiksha Karmi Appointments Due to Procedural Infirmities

Constitution of India, 1950 Article 14 – Right to equality – Violation of procedural fairness – Absence of notice and opportunity to be heard �...

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Supreme Court Quashes Karnataka High Court Order on Delay Condonation and Leave to Appeal. Transferee Pendente Lite Cannot Challenge Decree Without Leave – Delay of 586 Days Not Justified.

Constitution of India, 1950 – Code of Civil Procedure, 1908 – Transfer of Property Act, 1882 Article 136 – Appellate Jurisdiction of Supreme ...

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Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

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Supreme Court Upholds Justice in Real Estate Appeals Delay Case. A decision clarifying procedural justice and addressing delay condonation in real estate appellate cases.

The Supreme Court of India allowed appeals arising from the dismissal of real estate complaints due to procedural delay. It emphasized that the High C...