Search Results for "Functus Officio"

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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 Hears Appeals Against Madras High Court’s Setting Aside of Alien...
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Search Results for "Functus Officio"

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Supreme Court

Supreme Court Quashes ITAT Order Recalling Its Earlier Order Under Section 254(2) of Income Tax Act — Powers Limited to Rectification of Mistake Apparent from Record. The ITAT cannot re-hear the entire appeal on merits under the guise of rectification; the remedy against an erroneous order lies in appeal before the High Court.

3 Dec 2021

The case involves appeals by the Revenue against a common judgment of the Bombay High Court, which dismissed writ petitions challenging an order of th...

Supreme Court

Supreme Court Sets Aside High Court's Acquittal Under POCSO Act, Restores Conviction for Sexual Assault Without Skin-to-Skin Contact Requirement. The Court held that 'sexual assault' under Section 7 of the Protection of Children from Sexual Offences Act, 2012, does not require direct skin-to-skin contact; physical contact with sexual intent suffices, overturning the High Court's narrow interpretation.

18 Nov 2021

The Supreme Court of India adjudicated multiple criminal appeals arising from judgments of the Bombay High Court, Nagpur Bench, concerning interpretat...

Supreme Court

Supreme Court Dismisses Writ Petition in Public Interest Litigation Challenging Extension of Enforcement Directorate Director's Tenure. The petition sought quashing of the extension order under Section 25 of the Central Vigilance Commission Act, 2003, but the court did not rule on the merits as the judgment text ends abruptly.

8 Sep 2021

The judgment arose from a writ petition filed under Article 32 of the Constitution of India by Common Cause, a registered society, challenging the Uni...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Dispute Under Consumer Protection Act. The court held that allottees paying conversion fee are consumers under the Consumer Protection Act, 1986, and the Estate Officer's refusal based on an internal memo without public notification was arbitrary under the Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to convert leasehold residential plots in Chandigarh to freehold under the Chandigarh Conversion o...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Cases Under Consumer Protection Act. The court held that conversion of leasehold to freehold property for a fee constitutes a service under the Consumer Protection Act, 1986, and refusal based on an internal memo without public notification is arbitrary, violating statutory rules.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to process applications for converting leasehold residential plots to freehold status under the Ch...

Supreme Court

Supreme Court Dismisses Applications for Directions in Karnataka Reservation Case. No Fresh Cause of Action Arises from Implementation of Reservation Act 2018 After Final Judgment.

19 Mar 2020

The Supreme Court dismissed three miscellaneous applications filed by 277 applicants seeking directions for the implementation of the Karnataka Extens...

Supreme Court

Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

1 Jan 2020

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute — Restores Arbitral Award for Compensation for Unproductive Use of Machinery. Court Holds That High Court Exceeded Its Jurisdiction Under Section 34 of Arbitration and Conciliation Act, 1996 by Reappreciating Evidence and Substituting Its Own View.

18 Dec 2019

The Supreme Court allowed the appeal filed by M/s. Dyna Technologies Pvt. Ltd. against the judgment of the Madras High Court, which had set aside an a...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the divestment of the CBI Director's functions without due process violated the rule of law.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23 October 2018. The first order was passed by the Central ...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the orders were invalid as they undermined the independence of the CBI Director.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23rd October 2018. The first order was passed by the Centra...

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