Search Results for "civil appeal"

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Search Results for "civil appeal"

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Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

Supreme Court

Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

5 Feb 2019

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

Supreme Court

Supreme Court Allows ESI Corporation's Appeal in Directors' Remuneration Case — Directors Receiving Remuneration Held to Be 'Employees' Under ESI Act. The Court ruled that Directors of a company who receive remuneration for services rendered fall within the definition of 'employee' under Section 2(9) of the Employees' State Insurance Act, 1948, and contributions are payable on such remuneration.

5 Feb 2019

The case involves an appeal by the Employees' State Insurance Corporation (ESIC) against a judgment of the Madhya Pradesh High Court, which had upheld...

Supreme Court

Supreme Court Dismisses Appeal in Land Acquisition Compensation Dispute — Compensation to be Determined as per New Act with Base Date of 01.01.2014. The Court upheld the High Court's decision that the appellant was entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with the base date of 01.01.2014, rejecting the contention that the date of award should be the base date.

5 Feb 2019

The appellant, Hori Lal, owned land that was acquired by the State of Uttar Pradesh for the construction of the Varanasi Bye-Pass (Ring Road). The acq...

Supreme Court

Supreme Court Allows Restoration of First Appeal Dismissed in Default, Emphasizes Liberal Construction of Procedural Law to Advance Substantial Justice. The Court held that an order refusing to readmit an appeal under Order 41 Rule 19 CPC is appealable under Order 43 Rule 1(t) CPC, and that the application disclosed sufficient cause for restoration.

5 Feb 2019

The appeal arose from a civil suit filed by the respondent (plaintiff) against the appellant, Mysore Urban Development Authority (defendant), seeking ...

Supreme Court

Supreme Court Dismisses Appeal in Land Dispute Over Escheated Property, Upholds High Court's Reversal of Injunction. Patwari's Unauthorized Entry Cannot Confer Sirdari Rights Under Kumaon and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960.

5 Feb 2019

The dispute concerns agricultural land in Village Gyansu, District Uttar Kashi, originally owned by Badri Aswal and his wife Tulsa Devi, who died with...

Supreme Court

Supreme Court Allows Appeals of Corporation Against Grant of 6th Pay Revision to Deputation Employees. Division Bench's Application of 'Equal Pay for Equal Work' Set Aside as Deputation Employees Not Comparable to Regular Employees.

5 Feb 2019

The case involves appeals by Bihar State Beverages Corporation Ltd. against a Division Bench judgment of the Patna High Court that allowed writ petiti...

Supreme Court

Supreme Court Remands Land Dispute Case for Fresh Trial Due to Procedural Irregularity in Demarcation Report. The High Court's dismissal of the suit was set aside as the First Appellate Court had relied on other evidence besides the Commissioner's report, and the matter required fresh consideration.

4 Feb 2019

The case involves a land dispute between the appellants (plaintiffs) and respondents (defendants) over Khasra No. 146. The plaintiffs alleged that the...

Supreme Court

Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

4 Feb 2019

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Constructive Total Loss of Hydraulic Excavator Entitles Insured to Full Sum Insured Without Deduction for Underinsurance or Depreciation Applied at Renewal. The Court held that the insurer cannot apply underinsurance or double depreciation when the sum insured was fixed by the insurer at renewal without a fresh proposal form.

1 Feb 2019

The appellant, Sumit Kumar Saha, purchased a Volvo Hydraulic Excavator on 27.03.2007 for Rs.51,74,000/- and insured it with the respondent, Reliance G...

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