Search Results for "review maintainability"

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Search Results for "review maintainability"

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Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

Supreme Court

Supreme Court Allows Appeals Against High Court's Review Order in Mutation Dispute — Review Power Cannot Be Used to Rehear Merits After Dismissal of SLP. The High Court's review order was set aside as it sought to re-examine the merits after the Supreme Court had dismissed the SLP against the original judgment, and the contempt petition was barred by limitation.

1 Jan 2024

The present appeals arise from a long-standing property dispute concerning land known as 'Asman Jahi Paigah' in Raidurg village. The original suit for...

Supreme Court

Supreme Court Allows Review Applications in Land Acquisition Cases Based on Overruled Precedent. Court held review maintainable under Article 137 of Constitution of India as subsequent Constitution Bench decision in Indore Development Authority overruled earlier Pune Municipal Corporation decision, altering law and providing sufficient reason for review, with matters restored for fresh consideration on merits.

17 Mar 2023

The Supreme Court dealt with a group of review applications filed by the Government of NCT of Delhi and Delhi Development Authority under Article 137 ...

Supreme Court

Supreme Court Dismisses Review Petition in Arbitration Enforcement Case — No Error Apparent on Record. Review Petition Against Dismissal of Civil Appeals Under Section 48 of Arbitration and Conciliation Act, 1996 Rejected as Court Found No Ground for Review Under Order 47 Rule 1 CPC.

1 Jan 2023

The Supreme Court of India dismissed review petitions filed by Arun Dev Upadhyaya against the judgment dated 10.08.2021 in Civil Appeal Nos. 8345-8346...

Supreme Court

Supreme Court Dismisses SLP Against Review Order in Service Dispute — Earlier Dismissal of SLP Against Main Judgment Renders Challenge to Review Order Non-Maintainable. The Court held that a special leave petition challenging only the order rejecting a review petition is not maintainable when the main judgment of the High Court has already been unsuccessfully challenged and is not under challenge.

5 Oct 2020

The petitioner, T.K. David, was an employee of Kuruppampady Service Co-operative Bank. He was suspended and a disciplinary inquiry was conducted, resu...

Supreme Court

Supreme Court Upholds Reference of Questions of Law to Larger Bench in Review Petition — Maintainability of Reference Affirmed. The Court held that its power to refer questions of law to a larger bench in a review petition is not barred by Order XLVII of the Supreme Court Rules, 2013, and can be exercised under Article 142 to do complete justice.

10 Feb 2020

The judgment arises from a reference made by a three-judge bench in review petitions against the Supreme Court's 2018 judgment in Indian Young Lawyers...

High Court

High Court of Bombay Dismisses Municipal Council's Challenge to EPF Liability Determination. Review Application Under Section 7-B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 Rejected as No Error Apparent on Record and Delay Not Explained.

18 Nov 2019

The petitioner, Municipal Council, Dhamangaon, a civic body established in 1945 and governed by the Maharashtra Municipal Councils, Nagar Panchayats a...

High Court

High Court of Bombay Allows Writ Petition Challenging DRT Order on Condonation of Delay in Review Application — Limitation for Review Under Section 17 of Recovery of Debts and Bankruptcy Act, 1993 Governed by Section 5 of Limitation Act, 1963.

3 May 2019

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition under Article 226 of the Constitution of India challenging an or...

Supreme Court

Supreme Court Refers to Larger Bench Question of Maintainability of Review Petition After Dismissal of SLP in Limine. The issue is whether a review petition is maintainable before the High Court after the Supreme Court dismisses a special leave petition without granting leave, particularly when the dismissal is in limine and by a non-speaking order.

1 Mar 2019

The case arises from a money suit filed by the respondent (a cooperative sugar factory under liquidation) against the appellant (Khoday Distilleries L...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Matter — No Provision for Review Under Arbitration and Conciliation Act, 1996. Review petition under Section 114 CPC held not maintainable against order under Sections 27(1) and 27(2) of the Act.

16 Oct 2015

The review petitioner, National Insurance Company Limited, filed a review petition under Section 114 of the Code of Civil Procedure, 1908 seeking reca...

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