Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Dismisses Civil Appeal in Deemed Tenancy Dispute Under Bombay Rent Act. The court upheld the appellate bench's finding that the agreement dated 16.08.1967 was for conducting hotel business, not a leave and license arrangement, thus not attracting Section 15A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 for deemed tenancy status.

8 Apr 2025

The Civil Appeal originated from an order dated 16.07.2018 in Civil Revision Application No. 247 of 2016 by the High Court of Judicature at Bombay, wh...

Supreme Court

Supreme Court Allows Bank's Appeal on Jurisdiction in Employment Dispute Due to Exclusive Jurisdiction Clause. Exclusive jurisdiction clauses in employment contracts specifying Mumbai courts are binding and oust jurisdiction of other courts where suits were filed in Patna and Delhi under Section 20 of the Code of Civil Procedure, 1908.

8 Apr 2025

The dispute arose from two civil appeals concerning jurisdiction in employment termination cases. In the lead appeal, an employee, Rakesh, appointed b...

Supreme Court

Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

7 Apr 2025

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

4 Apr 2025

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

Supreme Court

Supreme Court Upholds Enhanced Share Valuation, Awards Interest at 6% Pre-Decree and 9% Post-Decree in Decades-Old Dispute. Balancing Equity and Commercial Realities: SC Modifies Interest Rates in Rajasthan State Mines Share Acquisition Case

1 Apr 2025

Valuation of Shares – The Supreme Court affirmed the High Court’s valuation of shares at ₹640 per share, rejecting the State’s objections. Th...

Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

Supreme Court

Supreme Court Condones Delay in Filing Second Appeal by the State – Upholds High Court's Order Allowing Condonation of Delay. Condonation of Delay – Sufficient Cause – Merits of the Case – Liberal Approach for State Litigations

21 Mar 2025

Delay in government litigation should not be condoned automatically, but a liberal approach may be taken when public interest is involved. Substantial...

Supreme Court

Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

20 Mar 2025

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

Supreme Court

Supreme Court Reiterated Doctrine of Merger in Execution Proceedings – Decree of Trial Court Merges with Appellate Court’s Decision. Executing Court Cannot Modify or Extend the Decree Passed by the Appellate Court – Delay in Execution Not a Ground for Challenge – Section 53A of Transfer of Property Act, 1882, Not Applicable When Buyer Had Knowledge of Pending Litigation

19 Mar 2025

Doctrine of Merger Applies to Execution Proceedings – Para 24 Section 53A Not Applicable When Agreement Executed During Pending Litigation – Para ...

Supreme Court

Compensation enhanced for quadriplegic accident victim – Future prospects, attendant charges, special diet, pain & suffering considered.

18 Mar 2025

Income Assessment: The Supreme Court held that ₹5,600 per month (assessed by the High Court) was too low. Instead, ₹7,500 per month was considered...

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