Search Results for "1908"

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The Court Held That the Plaintiff Deserved an Opportunity to Adduce Evidence, and the Rejection of the Plaint Could Not Be Sustained Solely on the Ground of Absence of a Clear Right to Sue.

Bombay High Court Dismissed Civil Revision Application of Applicant Challenging Rejection of Application for Plaint Rejection. The Court held that a ...

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Supreme Court of India Grants Pensionary Benefits to Appellant After 25-Year-Long Litigation. Court Condemns Failure of Departmental Inquiry and Upholds Employee’s Right to Pension

Constitution of India, 1950 (COI) — Article 226 — High Court's Power of Judicial Review — High Court’s dismissal of writ petition and review a...

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Rejection of Plaint – Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) – Limitation and Cause of Action – Requirement of Evidence at Trial.

The High Court upheld the Trial Court’s decision, stating that the issues of limitation and cause of action required detailed examination through ev...

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Bombay High Court Dismissed Writ Petition Challenging Unilateral Deemed Conveyance Order Passed Under Section 11 of the Maharashtra Ownership Flats Act, 1963.

Deemed Conveyance – Competent Authority’s Quasi-Judicial Jurisdiction – Civil Suit for Title and Ownership Disputes – No Interference Under Ar...

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Bombay High Court Quashed Rejection of Junior Clerk’s Appointment Proposal and Imposed Costs on Management. Appointment Order Upheld Despite Procedural Irregularities — Court Directed Approval with Cost Penalty on Management

The Court found procedural irregularities in the recruitment process but noted that the appointed candidate was not at fault. Held that the post of J...

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Bombay High Court Quashes Order Condoning Delay of Over 9 Years in Seeking Recall of Withdrawal of Suit

High Court Observed – Application for Condonation of Delay Lacked Bona Fide and Sufficiency of Cause (Para 25) The High Court quashed and set aside...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandato...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...