Search Results for "Enforceable"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
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Search Results for "Enforceable"

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Supreme Court

Supreme Court Dismisses Writ Petition in Excommunication Act Case Due to Repeal and Lack of Surviving Cause of Action. Petition Seeking Mandamus to Enforce Repealed Bombay Protection of Excommunication Act, 1949 Held Moot as No Substantive Rights Require Adjudication Post-Repeal Under Article 32 of the Constitution.

10 Feb 2023

The Supreme Court of India, in a judgment delivered by Justice Abhay S. Oka, addressed a writ petition filed by the Central Board of Dawoodi Bohra Com...

Supreme Court

Supreme Court Allows Appeal in Hindu Succession Case, Reinstating Inheritance Rights of Grandsons. Release Deed Executed by Father During Grandfather's Lifetime Held Void as It Involved Non-Transferable Spes Successionis Under Section 6(a) of Transfer of Property Act, 1882, and Does Not Bar Succession Under Section 8 of Hindu Succession Act, 1956.

25 Jan 2023

The dispute centered on succession to the separate property of Sengalani Chettiar, who died in 1988. He had two marriages: from the first, a son Chand...

Supreme Court

Supreme Court Quashes Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Sets Aside Civil Decrees Based on Promissory Notes Due to Misuse of Blank Cheques Issued as Security. The Court Held That the Presumption Under Section 139 Was Rebutted as the Cheques Were Issued for Chitfund Security and Presented After Account Closure, and the Lender's Financial Capacity Was Not Proven in Civil Suits.

18 Jan 2023

The Supreme Court of India, in a judgment delivered by Justice B.R. Gavai, disposed of criminal and civil appeals arising from a dispute involving dis...

Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

Supreme Court

Supreme Court Allows Municipal Committee's Appeal in Land Auction Case Due to Lack of Confirmation. Highest Bidder Acquires No Enforceable Right to Sale Deed Without Confirmation by Deputy Commissioner Under Haryana Municipalities Management of Municipal Properties and State Properties Rules, 1976.

29 Mar 2022

The dispute arose from a civil suit for mandatory injunction filed by the respondent-plaintiff against the Municipal Committee, Barwala, seeking execu...

Supreme Court

Supreme Court Quashes Calcutta High Court's Order Appointing Arbitrator Due to Lack of Territorial Jurisdiction. Territorial Jurisdiction for Section 11 Application Under Arbitration and Conciliation Act, 1996 Depends on Court as Defined in Section 2(1)(e), Not Merely on Seat Designation in Arbitration Clause.

24 Mar 2022

The appeals arose from orders of the Calcutta High Court dated 13 August 2021 and 4 October 2021. The appellant and respondent had entered into a deve...

Supreme Court

Supreme Court Dismisses Union of India's Appeals in Service Law Dispute Over Career Progression Schemes. Employees Governed by Modified Assured Career Progression Scheme, 2009 Retrospectively as Eligibility Under Assured Career Progression Scheme, 1999 Does Not Create Vested Right.

24 Mar 2022

The dispute arose between the Union of India and its employees regarding the applicable career progression scheme. The employees, working as Junior En...

Supreme Court

Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

10 Mar 2022

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

Supreme Court

Supreme Court Upholds Contempt Proceedings Against Award Debtors for Wilful Disobedience of Court Orders in Arbitration Execution. The Court held that failure to comply with conditional orders for deposit of arbitral award amounts constitutes civil contempt under Section 2(b) of the Contempt of Courts Act, 1971, as it demonstrates wilful disobedience and undermines judicial authority.

10 Mar 2022

The contempt petition was filed by the award creditor, Urban Infrastructure Real Estate Fund, against the respondents for alleged wilful disobedience ...

Supreme Court

Supreme Court Upholds Employer in Modified Assured Career Progression Scheme Dispute Over Application Date. The Court set aside the Delhi High Court's direction to apply the MACP scheme from 01-01-2006, holding that the scheme's effective date of 01-09-2008 under the office memorandum dated 19-05-2009 was valid, and employees not completing 24 years of service by that date were not entitled to benefits under the superseded ACP scheme.

8 Mar 2022

The Supreme Court addressed a batch of appeals concerning the applicability date of the Modified Assured Career Progression Scheme (MACP) introduced b...

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