Search Results for "Reasonableness"

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Search Results for "Reasonableness"

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Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Reasonableness and Stale Offences. The order was found to infringe the fundamental right under Article 19(1)(d) as it relied on offences from 2013 and 2018 without a live link and general confidential statements, failing the test of reasonableness under Section 56(1)(a)(b).

28 Jan 2022

The dispute involved an appellant challenging an externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, which directed...

Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Credible Evidence and Procedural Lapses. Externment Order Based on Acquitted Case and Confidential Statements Without Substantive Proof is Unsustainable Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

28 Jan 2022

The dispute arose from an externment order issued against the appellant under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, directing him t...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Reinstates Arbitral Award in Construction Contract Dispute Under Arbitration Act, 1940. The Court held that judicial interference in arbitral awards is limited to grounds of error on the face of the award or misconduct, and the High Court exceeded its jurisdiction by re-appreciating evidence on extension of time, termination validity, and idle hire charges.

18 Jan 2022

The dispute arose from a construction contract dated 16th November 1988 between a construction company (appellant-claimant) and the Union of India (re...

Supreme Court

Supreme Court Dismisses State's Appeal in Electricity Duty Exemption Case for Charitable Educational Institutions. The Court upheld the High Court's decision that charitable education institutions registered under the Maharashtra Public Trusts Act, 1950 are exempt from payment of electricity duty under Section 3(2)(iii) of the Maharashtra Electricity Duty Act, 2016, interpreting the provision to avoid absurdity and uphold Article 14 of the Constitution.

7 Jan 2022

The dispute arose from the State of Maharashtra's appeal against a High Court judgment that exempted charitable educational institutions from payment ...

Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Dispute Over Interest and Contract Interpretation. The Court held that arbitral tribunals have the power to award compound interest under Section 31(7) of the Arbitration and Conciliation Act, 1996, and that a Memorandum of Understanding merged into an Implementation Agreement for arbitration purposes based on contractual terms.

7 Jan 2022

The Supreme Court addressed two civil appeals arising from a common judgment of the High Court of Himachal Pradesh in an arbitration dispute between U...

Supreme Court

Supreme Court Remands Resolution Professional's Fee Dispute to NCLT for Reasoned Determination Under Insolvency and Bankruptcy Code, 2016. The Court held that the adjudicating authority has jurisdiction under Section 60(5)(c) to determine insolvency resolution process costs, but both NCLT and NCLAT failed to exercise it properly by not considering the claim's basis or reasonableness, leading to an order of remand.

5 Jan 2022

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 30 July 2020, concerning the payment of costs and expenses incur...

Supreme Court

Supreme Court Upholds Compensation Award in Medical Negligence Case Under Consumer Protection Act, 1986. The Court found deficiency in service due to inadequate post-operative monitoring and delayed intervention in treating a patient with aortic aneurysm, leading to death and warranting compensation.

30 Nov 2021

The dispute arose from a complaint filed by the legal heirs of a deceased patient, Dinesh Jaiswal, against Bombay Hospital & Medical Research Centre a...

Supreme Court

Supreme Court Upholds High Court's Quashing of CIDCO's Lease Cancellation in Tender Dispute. The court held that CIDCO's cancellation was unjustified as the partnership firm's bid was initially accepted, changes were authorized, and no concrete breaches of tender terms were proven, applying principles of promissory estoppel and administrative fairness.

29 Nov 2021

The dispute arose from a tender called by the City and Industrial Development Corporation of Maharashtra (CIDCO) on 11.06.2008 for lease of land near ...

Supreme Court

Supreme Court Upholds State Policy in Loan Waiver Scheme for Small and Marginal Farmers Under Article 14 Scrutiny. Classification Based on Landholding Found Rational and Non-Arbitrary, with Judicial Review Limited to Constitutional Compliance, Not Policy Wisdom.

23 Nov 2021

The dispute arose from a loan waiver scheme introduced by the Government of Tamil Nadu through G.O Ms. No. 50 dated 13 May 2016, which provided waiver...

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