Search Results for "estoppel against statute"

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entry Based on Will in Land Revenue Case — Civil Court Decree Binding on Revenue Authorities. Mutation Entry Does Not Confer Title and Writ Jurisdiction Under Article 227 Cannot Be Used to Reappreciate Evidence.

The petitioners, Amrutrao Shankarrao Deshmukh and Dhananjay Amrutrao Deshmukh, filed a writ petition under Article 227 of the Constitution of India ch...

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Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

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High Court of Judicature at Bombay, Nagpur Bench, Considers Petitions Against Infrastructure Cost Levies by Nagpur Metropolitan Regional Development Authority. The Petitions Raise Constitutional and Statutory Challenges Under Articles 14, 265 and the Maharashtra Regional Town Planning Act, 1966.

The dispute arose from demands for infrastructure cost and STP charges made by the Nagpur Metropolitan Regional Development Authority (NMRDA) against ...

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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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CIVIL APPELLATE JURISDICTION

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Supreme Court Allows State Appeal in Gram Panchayat Adhikari Recruitment Dispute — Waiting List Not Permissible Under 2015 Rules. Division Bench erred in directing consideration of candidates beyond the select list as 2015 Rules override 1978 Rules and do not provide for a waiting list.

The Supreme Court allowed the appeals filed by the State of Uttar Pradesh against the judgment of the Allahabad High Court Division Bench. The dispute...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...

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Bombay High Court Dismisses Petitioner's Challenge to Anti-Dumping Duty Notifications as Belated and Misconceived. Refund Claim for Rs. 9.24 Crore Rejected Due to Delay and Laches, as Petition Filed After Six Years from Imposition of Duty.

The petitioner, Sansar Texturisers Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging two notifications dated...

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High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...