Search Results for "enforceable legal right"

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Bombay High Court Allows Tax Appeal in Family Settlement Capital Gains Case — Reopening Under Section 147/148 Invalid Due to Change of Opinion and Limitation. Consent Decree Approved by Civil Court Held to Be a Bona Fide Family Arrangement Not Attracting Capital Gains Tax.

The case involves a tax appeal by the Power of Attorney holder of Lorna Margaret Pinto, a Non-Resident Indian, against the Assistant Commissioner of I...

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High Court of Karnataka Allows Writ Petition of Nursing Student Seeking Admit Card for Examination. Court Directs University to Issue Hall Ticket and College to Permit Continued Studies Despite Attendance Issues.

The petitioner, Jennifer A., filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru. She...

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Bombay High Court Dismisses PIL Challenging MPLADS Circular Allowing Funds for Private Hospitals in COVID-19 Relief. Circular dated April 8, 2020, permitting MPLADS funds for private hospitals is intra vires the MPLAD Scheme and not arbitrary.

The petitioner, a legal practitioner, filed a Public Interest Litigation challenging a circular dated April 8, 2020, issued by the Joint Secretary (MP...

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Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

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Supreme Court Holds Plaintiff Can Plead Adverse Possession Under Article 65 of Limitation Act — Preliminary Issue Covered by Ravinder Kaur Grewal. The Court overruled earlier decisions and directed merits consideration.

The Supreme Court disposed of three civil appeals involving a preliminary issue: whether a plaintiff can take the plea of adverse possession under Art...

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Supreme Court Allows Appeal in Motor Accident Compensation Case — Future Prospects Awardable in Permanent Disablement Cases. Loss of earning capacity must consider functional disability and actual income, not merely physical disability percentage.

The appellant, Pappu Deo Yadav, was a 20-year-old data entry operator earning ₹12,000 per month when he suffered a serious motor accident on 18.05.2...

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Bombay High Court Allows Writ Petition Challenging Premature Retirement of Lecturer at Age 58 Instead of 60 Years. Government Resolutions Prescribing Retirement Age of 60 Years for Teachers in Non-Government Colleges Are Binding on Private Unaided Institutions.

The petitioner, Professor Smt. Manorama Prakash Khandekar, was appointed as a Lecturer at Priyadarshani College of Education, Nagpur, on 06.10.2003, w...

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Madras High Court Dismisses Writ Petition Challenging Bank's Set-off of Fixed Deposit Against Loan Default Under SARFAESI Act. Bank's Right to Set-off Margin Money Fixed Deposit Against Outstanding Loan Upheld as Contractual and Statutory Right Under Section 171 of Contract Act and SARFAESI Act.

The writ petitioner, M/s Chithra Agencies Private Limited, an authorized dealer of Castrol India Ltd., availed cash credit facility from Canara Bank, ...

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Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...