Judgements without assigned author

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High Court Directs Consideration of Disabled Candidate's Eligibility for Railway...
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Judgements without assigned author

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High Court

Deemed Conveyance under MOFA – Rejection of Application by Competent Authority Set Aside. High Court of Bombay – Writ Petition under Article 226 – Challenge to Rejection of Deemed Conveyance – Developer’s Delay in Redevelopment Not a Justification – Statutory Rights under Section 11 of Maharashtra Ownership Flats Act, 1963 Upheld – Competent Authority Directed to Issue Conveyance Certificate...

Constitution of India, Article 226 – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, 1963 (MOFA), Section 11 – Maharashtra Housing (R...

High Court

Constitution Of India – Income Tax Act, 1961 – Section 12A – Advisory Communication – Maintainability Of Appeal – Jurisdiction Of Income Tax Appellate Tribunal...

Bombay High Court held – Advisory communication from Director of Income Tax (Exemptions) regarding modification of objects did not amount to cancellation of registration under Section 12A of the Inc...

High Court

Tenant’s Right to Purchase Tenanted Land Under Maharashtra Tenancy and Agricultural Lands Act, 1948 – Whether Barred by Res Judicata and Failure to Issue Intimation Within Statutory Period?...

Landlord’s Obligation to Intimate Tenant of Attaining Majority – Retrospective Application of 1969 Amendment – Tenant’s Right to Purchase Land Extinguished After Statutory Period. The High Co...

High Court

Bombay High Court Declared Reassessment Notice Under Section 148 Of The Income-Tax Act, 1961 As Without Jurisdiction – Held That Search-Based Proceedings Should Have Been Initiated Under Section 153C...

Search-Based Reassessment – Jurisdictional Defect – Section 153C Overrides Section 147 & Section 148 – Lack Of Independent Material For Reassessment – Writ Petitions Allowed Analysis Of ...

High Court

Bar on Testamentary Disposition of Tenanted Land – Protection of Possession under Section 53A of the Transfer of Property Act – Appreciation of Oral and Documentary Evidence – Injunction and Declaration of Title – Relevance of Admissions in Evidence...

Statutory Bar under Section 43 Upheld – Held that testamentary disposition of tenanted land was barred, and the Will relied upon by the defendants was invalid. (Para 22, 23, 26) No Substantial Ques...

High Court

Apportionment Dispute in Compensation—Land Acquisition Officer (LAO) Lacked Jurisdiction—Dispute to be Referred to Civil Court...

Maharashtra Highways Act, 1955—Section 19C(4)—Apportionment dispute in compensation for acquired land—LAO had no authority to decide—Matter to be referred to Principal Civil Court—Impugned o...

Supreme Court

Constitution of India, Code of Criminal Procedure, 1973, Indian Penal Code, 1860 – Bail Granted in Economic Offence Involving Cryptocurrency Scam – Judicial Discretion Under Section 437(6) of CrPC – Deposit of Partial Amount Mandated...

Regular bail granted in an economic offence concerning a cryptocurrency scam involving approximately ₹4 Crore – Trial Court directed to impose conditions – Supreme Court clarified judicial discr...

Supreme Court

Policy Strategy for Grant of Bail – Constitutional and Statutory Powers on Remission – Procedural Safeguards for Grant and Revocation....

Judicial Examination of Remission Powers – Interpretation of Section 432, Code of Criminal Procedure, 1973 and Section 473, Bharatiya Nagarik Suraksha Sanhita, 2023 – Requirement of Application, C...

Supreme Court

Supreme Court Quashed Criminal Defamation Proceedings Against Editorial Director and Journalists for Non-Compliance with Section 202 CrPC...

Issuance of Summons Without Mandatory Inquiry Under Section 202 Code of Criminal Procedure, 1973 (CrPC) Held Vitiated – No Presumption Against Editorial Director Under Press and Registration of Book...

High Court

Seniority and Back Wages in Delayed Appointments: High Court Rules on Deemed Date of Appointment for Postal Employees. Bombay High Court Grants Deemed Date of Appointment to Postal Employees, Denies Back Wages to Some Petitioners...

Deemed Date of Appointment – Petitioners, who were selected in the same recruitment process but appointed later due to administrative delays, were granted a deemed date of appointment from the date...

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