Search Results for "Quash"

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Supreme Court

Supreme Court Quashes Mandamus Directing Acceptance of Basic Tax on Vested Forest Land - Kerala Land Tax Act, 1961 and Kerala Private Forests (Vesting and Assignment) Act, 1971. The Court held that writ of mandamus cannot be issued to establish rights over land vested with government under Section 3 of Kerala Private Forests (Vesting and Assignment) Act, 1971, where respondents' purchase certificates were cancelled and civil jurisdiction barred under Section 13.

19 Jan 2022

The dispute arose from conflicting claims over land in Naduvil village, Kerala, involving the Village Officer, Kannur District, and others as appellan...

Supreme Court

Supreme Court Reinstates Arbitral Award in Construction Contract Dispute Under Arbitration Act, 1940. The Court held that judicial interference in arbitral awards is limited to grounds of error on the face of the award or misconduct, and the High Court exceeded its jurisdiction by re-appreciating evidence on extension of time, termination validity, and idle hire charges.

18 Jan 2022

The dispute arose from a construction contract dated 16th November 1988 between a construction company (appellant-claimant) and the Union of India (re...

Supreme Court

Supreme Court Quashes Bail Order in Murder Conspiracy Case Due to Inadequate Consideration of Evidence. High Court's grant of bail to accused charged under Sections 302, 120(B), 114 IPC set aside as it failed to assess investigation material and seriousness of offence, relying improperly on circumstantial evidence and deep roots in society.

18 Jan 2022

The Supreme Court heard an appeal by the father of a deceased woman against a bail order granted by the High Court of Gujarat to the accused, who was ...

Supreme Court

Supreme Court Quashes Bail Orders in Murder Case Due to Lack of Reasoning and Non-Compliance with Judicial Directions. The High Court's cryptic bail grants without addressing offence gravity or accused's evasion of court proceedings violated established bail principles under Code of Criminal Procedure, 1973.

18 Jan 2022

The appeals were preferred by the informant appellant, mother of the deceased Yameen, challenging the bail orders granted by the High Court of Judicat...

Supreme Court

Supreme Court Quashes High Court Order in Civil Appeal Due to Procedural Error in Remand and Directs First Appellate Court to Decide Delay Condonation and Merits. High Court Erroneously Set Aside Trial Court's Ex Parte Decree While Hearing Second Appeal Against Dismissal on Limitation Grounds, Contrary to Code of Civil Procedure, 1908, Section 96 and Appellate Procedure.

18 Jan 2022

The dispute originated from a suit for declaration and possession filed by the appellants (original plaintiffs) against the respondent (original defen...

Supreme Court

Supreme Court Initiates Contempt Proceedings Against State Authorities for Non-Compliance with Pensionary Benefits Orders. The court found prima facie contempt due to wilful disobedience of orders directing counting of pre-absorption service for pensionary benefits under earlier judicial rulings.

18 Jan 2022

The petitioners, employees who were appointed in various Corporations in the erstwhile State of Bihar prior to 1996 and later sent on deputation to th...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

11 Jan 2022

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...

Supreme Court

Supreme Court Reinstates Arbitral Award and Dismisses High Court's Interference in Arbitration Appeal. High Court Exceeded Jurisdiction Under Section 37 of Arbitration and Conciliation Act, 1996 by Re-appreciating Evidence and Entering into Merits of Claim, Contrary to Limited Scope of Appellate Review.

11 Jan 2022

The dispute originated from a contract between Haryana Tourism Limited (Corporation) and a respondent company for supply of aerated cold drinks at tou...

Supreme Court

Supreme Court Sets Aside High Court Bail Order in Murder Case Due to Lack of Reasoning. Bail granted under Section 439 CrPC quashed as order was cryptic and failed to consider gravity of offence under Section 302 IPC, with matter remanded for fresh decision.

11 Jan 2022

The appeal was preferred by the informant-appellant, the son of the deceased, challenging the High Court of Rajasthan's order dated 7th May 2020 grant...

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