Search Results for "Implied Repeal"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Implied Repeal"

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Supreme Court

Supreme Court Dismisses Chit Fund Foreman's Appeal for Recovery of Future Installments. Holds that chit subscriber's liability for future installments is a contractual obligation, not a debt in praesenti, under Chit Funds Act, 1982.

6 Nov 2019

The present appeal arose from a chit fund conducted by M/s Oriental Kuries Ltd. (appellant) from 1978 to 1990. The respondents were subscribers who de...

High Court

Bombay High Court Quashes SRA Order in Slum Rehabilitation Dispute — Trust Land Cannot Be Acquired Without Following Maharashtra Public Trusts Act. Held that Slum Rehabilitation Authority cannot declare a trust property as a slum or pass rehabilitation orders without prior permission from Charity Commissioner under Section 36 of Maharashtra Public Trusts Act, 1950.

25 Jan 2023

The petitioners, A.H. Wadia Trust and its trustees, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 3...

High Court

Bombay High Court Dismisses Writ Petition Against State's Allotment of Surplus Land Under ULC Act — Petitioner Failed to Establish Any Right After Repeal. Land vested in the State under Sections 8, 9, and 10 of the Urban Land (Ceiling and Regulation) Act, 1976, prior to its repeal, remains with the State and cannot revert merely because the Act was subsequently repealed.

27 Oct 2016

The matter before the Bombay High Court arose from a writ petition under Article 226 of the Constitution of India filed by Chhaganlal Khimji and Co. L...

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...

Supreme Court

Supreme Court Dismisses Alienee's Appeal Against Voidness of Alienations of Forest Lands Under Andhra Pradesh (Andhra Area) Estates Communal Forest and Private Lands (Prohibition of Alienation) Act, 1947. Alienations of forest lands made after 1939 are void under Section 4; the Act is not impliedly repealed by the later Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, and the District Judge has exclusive jurisdiction to decide disputes without requirement of a government notification.

17 Apr 1969

The dispute arose under the Andhra Pradesh (Andhra Area) Estates Communal Forest and Private Lands (Prohibition of Alienation) Act, 1947, which prohib...

High Court

Bombay High Court Dismisses Pre-emption Suit as Barred by Limitation — Portuguese Civil Code Article 1566 Governs Period for Pre-emption in Goa. Court holds that Article 1566 of Portuguese Civil Code, 1867 providing a 6-month limitation period for pre-emption suits is not impliedly repealed by the Indian Limitation Act, 1963.

21 Feb 2014

The appellants filed a suit for pre-emption against the respondents, seeking to exercise their right to purchase property. The suit was dismissed by t...

Supreme Court

Supreme Court Upholds Validity of Section 29A of the Insolvency and Bankruptcy Code, 2016, Disqualifying Related Parties of Corporate Debtors from Submitting Resolution Plans. The Court holds that the disqualification under Section 29A(c) applies to persons acting jointly or in concert with a disqualified person, and that the provision is not retrospective in operation.

3 Oct 2024

The Supreme Court of India delivered a landmark judgment on the interpretation and validity of Section 29A of the Insolvency and Bankruptcy Code, 2016...

High Court

High Court of Judicature at Bombay Examines Repugnancy Between Section 28A of Bombay Civil Courts Act, 1869 and Section 299 of Indian Succession Act, 1925. Petitioner Contends That District Court Lacked Jurisdiction to Hear Appeal from Probate Revocation.

14 Feb 2014

The writ petition was filed by Smt. Nola Jonathan Ranbhise before the High Court of Judicature at Bombay, challenging the constitutional validity of S...

Supreme Court

Supreme Court Allows Tenant's Appeal in Rent Control Jurisdiction Case — Decree Passed After Act's Applicability Is Void. Civil Court Loses Jurisdiction Once Rajasthan Rent Control Act, 2001 Applies to Area; Decree Passed Thereafter Is Void Ab Initio.

20 Apr 2022

The Supreme Court allowed the appeals filed by the tenant-appellants against the judgment of the Rajasthan High Court which had dismissed their revisi...

High Court

High Court of Bombay Admits Appeal Against Order Vacating Ex-Parte Stay on NCLT Proceedings in Corporate Insolvency Case. Company Petition for Winding Up Admitted Prior to IBC Application; Court to Determine Jurisdiction Overlap Between Winding Up and Corporate Insolvency Resolution Process.

26 Jul 2018

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