Search Results for "curable irregularity"

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High Court of Karnataka Dismisses Appeals Against Interim Injunction in Property Suit — Balance of Convenience Favors Plaintiff. The court upheld the trial court's order granting interim injunction under Order 39 Rules 1 and 2 CPC, finding no perversity in the exercise of discretion.

The case involves four miscellaneous first appeals filed by the appellants, Mohamed Umar Seeni Ariff Khan and Mrs. Mumtaj Seeni Ariff Khan, against th...

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Supreme Court Dismisses Union of India's Appeal in Army Court Martial Case — Appointment of Junior Judge Advocate Without Recorded Reasons Invalidates Proceedings. High Court Correctly Set Aside Conviction and Dismissal Based on Charanjit Singh Gill Precedent.

The Supreme Court dismissed the appeal filed by the Union of India against the High Court of Punjab & Haryana's order setting aside the conviction and...

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Bombay High Court Quashes Reassessment Notices and Orders Under Section 153 of Income Tax Act, 1961 for Lack of Valid Sanction and Non-Application of Mind. Reassessment proceedings initiated without proper approval under Section 151(2) and based on borrowed satisfaction are invalid.

The petitioner, Ashok Commercial Enterprises, filed nine writ petitions challenging reassessment notices dated 19th July 2021 and 14th July 2021 issue...

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Bombay High Court Allows Writ Petition Challenging MAT Order Quashing Appointment of Police Patil. Non-Submission of Character Certificate Held as Curable Irregularity, Not Fatal to Appointment.

The petitioner, Avinash Shankar Bavne, was appointed as Police Patil of Village Gondeda on 4 March 2016 after a recruitment process. Respondent No. 3,...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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High Court of Karnataka Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Prima Facie Case Under Section 304A IPC. Allegations of Surgery Against Medical Advice and Negligent Treatment Did Not Disclose Offence of Culpable Homicide Not Amounting to Murder.

The petitioner, Dr. Seema Manohar Gunjal, a medical officer, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

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Bombay High Court Dismisses Criminal Revision Against Conviction for Criminal Breach of Trust by Gram Panchayat Sarpanch. Failure to Account for Funds and Absence of Explanation Constitute Misappropriation Under Section 409 IPC.

The case involves a criminal revision application filed by Prakash s/o Namdeorao Fale, who was convicted under Section 409 of the Indian Penal Code (I...