Search Results for "absolute necessity"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "absolute necessity"

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Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings on Void Gift Deed and Limitation. The court held that no substantial question of law arose regarding limitation under Article 58 of the Limitation Act, 1963, as the courts below had concurrently found the suit not barred.

19 Apr 2022

The case involves a partition suit filed by K.C. Chandrappa Gowda (plaintiff) against his father K.S. Chinne Gowda (first defendant) and K.C. Laxmana ...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Upholds Landowners' Challenge to Tamil Nadu Land Acquisition Laws Revival Act, 2019 on Grounds of Separation of Powers and Constitutional Invalidity. The Court held that legislative revival of enactments declared unconstitutional due to repugnancy under Article 254 of the Constitution is impermissible without re-enactment and fresh Presidential assent, as it overrules judicial determination and violates constitutional limits.

29 Jun 2021

The Supreme Court of India, in a civil original jurisdiction writ petition, addressed a constitutional dispute concerning the separation of powers and...

Supreme Court

Supreme Court Allows Appeal by Cooperative Federation on Pay Scale Revision Date Due to Financial Constraints. The Court Held That Financial Stringency Is a Valid Consideration for Deferring Implementation of Revised Pay Scales Under the Industrial Disputes Act, 1947 and Service Rules, Overturning the High Court's Finding of Unfairness.

9 Jul 2021

The Supreme Court of India heard civil appeals filed by the Punjab State Co-operative Milk Producers Federation Ltd. against a High Court order that a...

Supreme Court

Supreme Court Restores Conviction of Accused in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881. The High Court Erred in Setting Aside Concurrent Conviction by Questioning Payment of Consideration Despite Admitted Signatures and Statutory Presumptions Under Sections 118 and 139 of the Act.

23 Sep 2021

The dispute originated from a transaction where the respondent agreed to sell a house to the appellant for Rs. 4,00,000, with an advance of Rs. 3,50,0...

Supreme Court

Supreme Court Allows Plaintiff in Property Injunction Suit by Reversing High Court Judgment on Maintainability and Jurisdiction. The Court held that a suit for bare injunction is maintainable without a declaration prayer even when title is disputed, and the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure, 1908 by reappreciating evidence.

2 Sep 2021

The dispute originated from a suit filed by the plaintiff seeking perpetual injunction to restrain the defendants from interfering with the peaceful p...

Supreme Court

Supreme Court Upholds Municipal Corporation's Land Acquisition for Road Construction Under Mumbai Municipal Corporation Act. Municipal Corporation Validly Exercised Independent Powers Under MMC Act Without Requiring Road Inclusion in Development Plan Under MRTP Act, With Public Interest Justifying Acquisition Despite Property Owners' Objections.

2 Sep 2022

The dispute originated from the Municipal Corporation of Mumbai's efforts to acquire portions of the appellants' property for constructing a link road...

Supreme Court

Supreme Court Interprets Time Limits for Awards Under Land Acquisition Laws in Appeal Against High Court Ruling on Lapse of Proceedings. The Court Examines Whether the Two-Year Period Under Section 11A of the Land Acquisition Act, 1894 Applies Post-Repeal or the Twelve-Month Period Under Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Governs Awards Under Section 24(1)(a).

10 Nov 2021

The dispute arose from land acquisition proceedings initiated by the State of Maharashtra for the Gosikhurd Project. On 16th June 2011, a notification...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

Supreme Court

Supreme Court Allows Appeal in Zila Panchayat No-Confidence Motion Case — Remands for Fresh Consideration on Secrecy of Ballot Waiver Issue. The Court held that the High Court erred in setting aside the no-confidence motion solely on the ground of violation of secrecy of ballot without considering the principle of voluntary waiver by voters.

19 Jun 2020

The case arises from a no-confidence motion moved against the Adhyaksha (Chairperson) of the Zila Panchayat, Prayagraj, Uttar Pradesh. Sixty-four out ...

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