Search Results for "2005"

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Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

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Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandato...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Supreme Court Upholds High Court’s Decision – Rule 21(8) of Punjab VAT Rules Cannot Be Applied Retrospectively Without Statutory Sanction

The Supreme Court dismissed the appeal, upholding the High Court’s decision. Held that Rule 21(8) of the Punjab VAT Rules could not be applied r...

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Civil Suit for Declaration of Title and Possession — Res Judicata, Limitation, and Representative Suit Discussed — Supreme Court Set Aside High Court’s Decree and Dismissed the Suit.

A suit filed in a representative capacity cannot override the conclusive effect of a decree already attained finality, and res judicata shall bar any ...

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Supreme Court Grants Bail to Undertrial Prisoner in UAPA Case After Five Years of Custody. Unjustified Delay in Trial Violates Right to Speedy Justice – SC Directs Release on Bail with Conditions.

Constitution of India, 1950 – Article 21 – Right to Speedy Trial – Prolonged incarceration of an undertrial prisoner for five years without conc...

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Supreme Court Upholds Seniority of Temporary AEEs Appointed Before 1994 Act, Quashes High Court’s Decision. Period of Officiating Service Counted for Seniority – Doctrine of Functus Officio Not Applicable to Administrative Decisions

The Supreme Court allowed the appeals, quashed the High Court’s judgment, and upheld the validity of G.O.M. No. 262. The Court held that the period ...

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Hindu Marriage Act, 1955 – Sections 24 and 25 – Grant of Maintenance and Permanent Alimony in Void Marriages – Supreme Court Clarified the Legal Position on Alimony to Spouses of Void Marriages

Matrimonial Law – Hindu Marriage Act, 1955 – Sections 24 and 25 – Spouse of a Void Marriage Entitled to Seek Maintenance – Discretionary Power...

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Supreme Court Quashes Criminal Proceedings Against Appellants in Dowry Harassment and Domestic Violence Case. Generalized Allegations Without Specific Acts Insufficient to Sustain Criminal Charges – Court Emphasizes Need for Specificity in Domestic Violence Cases.

The Supreme Court quashed the criminal proceedings against the Appellants, holding that the allegations were generalized and lacked specific overt act...