Search Results for "Overruled precedent"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Overruled precedent"

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High Court

Bombay High Court Dismisses Petition Challenging Arrest and Remand in POCSO Case — Non-Communication of Grounds of Arrest Does Not Vitiate Custody After Charge Sheet. The Court held that the remedy for violation of Article 22(1) is not automatic release and the filing of charge sheet cures any initial defect in arrest.

18 Sep 2025

The petitioner, Rahul Shankarrao Wadhave, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the B...

High Court

Bombay High Court Dismisses Application Challenging Amendment in Cheque Dishonour Case. Amendment to Add Vicarious Liability Pleadings Under Section 138 of Negotiable Instruments Act, 1881 Held Permissible as It Does Not Change Nature of Complaint or Cause Prejudice.

28 Apr 2023

The case arises from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 by the original complainant Syed Mazaruddin (since de...

High Court

Bombay High Court Quashes Amendment Order in Cheque Dishonour Case — Amendment After Cognizance and Process Not Permissible. Allowing amendment to introduce new facts after cognizance and issuance of process would cause prejudice to accused and is not allowed under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

Bombay High Court Quashes Order Allowing Amendment of Complaint in Cheque Dishonour Case — Amendment After Cognizance and Process Held Not Permissible Under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) challenging an o...

Supreme Court

Supreme Court Dismisses Review Petitions in Judicial Service Seniority Dispute. Court upheld original judgment finding no error apparent on record, determining that promotions in 2010 and direct recruitments in 2013 were separate selection processes not requiring cyclic order implementation under Rajasthan Judicial Service Rules.

30 Nov 2021

The Supreme Court was hearing Review Petitions filed by judicial officers challenging a previous judgment regarding seniority determinations in the Ra...

Supreme Court

Supreme Court Dismisses University's Appeal in Daily Wager Regularization Case, Upholding High Court's Direction for Permanent Status. The Court held that a specific approved regularization scheme for daily wagers who completed 10 years with 240 days annually as of 31.12.1999 remains binding and must be fully implemented, notwithstanding general principles in later judgments.

26 Jul 2021

The dispute concerned the regularization of daily wagers employed by an agricultural university. The daily wagers, working in various capacities such ...

Supreme Court

Supreme Court Overrules Precedent on High Court's Discretion Under Section 130A Customs Act — High Court Not Mandatorily Required to Call for Statement from Tribunal Before Deciding Reference Application. The Court held that the word 'if' in Section 130A(4) confers discretion, not a mandatory obligation.

11 Feb 2020

The case arose from a reference order to a larger Bench concerning the interpretation of Section 130A(1) and (4) of the Customs Act, 1962. The Revenue...

Supreme Court

Supreme Court Overrules HUDA v. Sunita, Holds Statutory Bodies Amenable to Consumer Protection Act for Services Rendered for Consideration. The Court ruled that the Consumer Protection Act, 1986 applies to statutory authorities providing services for consideration, and sovereign functions are exempt only if strictly understood.

16 Sep 2019

The Supreme Court considered a reference arising from an order dated 13.07.2018, where a two-judge Bench doubted the correctness of HUDA v. Sunita (20...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

Supreme Court

Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

8 Apr 2019

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

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