Search Results for "Equitable relief"

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Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative...

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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Supreme Court Holds HUDCO in Breach of Contractual Obligations, Orders Refund of Forfeited Amount to Tomorrowland Limited. Forum Shopping and Unclean Hands Doctrine Bar Interest on Refund – Appeal Partly Allowed

The Supreme Court partly allowed the appeal, holding that HUDCO was in breach of its contractual obligations and ordered a refund of the principal amo...

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Supreme Court Set Aside High Court’s Order Directing Compassionate Appointment – Lump Sum Ex-Gratia Granted Under Article 142. Compassionate Appointment – Financial Condition Consideration – High Court Erred in Overlooking Suitability Criterion – Article 142 Invoked for Equitable Relief

Acts And Sections Discussed Constitution of India, 1950 – Article 142 – Extraordinary Power Exercised for Equitable Relief – Para 49 Civil P...

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High Court of Bombay Decides on Automatic Reversion of Trademarks and Passing Off Claims

Automatic Reversion of Trademarks – The High Court held that the transfer of trademarks "MANSION HOUSE" and "SAVOY CLUB" from UTO to Tilaknagar was...

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"Writ Petition Seeking Correction of Promotion Date Dismissed Due to Delay and Laches" "Bombay High Court reaffirms the principle that delay defeats equity in service matters."

Introduction (Paras 1-4): The petitioner, an 81-year-old retired customs officer, challenged the Central Administrative Tribunal's (CAT) dismissal of...

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Critical Judicial Interpretation of Balancing Legal Framework and Justice Delivery "Exploring the legal nuances and judicial reasoning in a pivotal case."

The judgment elucidates key legal principles while addressing facts and applying relevant sections. It highlights judicial discretion, the interplay b...

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Supreme Court Sets Aside Specific Performance in a Property Dispute. Equitable relief denied due to buyer's conduct and financial incapacity.

The Supreme Court of India,  overturned the High Court's decree for specific performance. The Court restored the Trial Court's decision dismissing t...

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"Supreme Court Upholds LIC's Action on Employee Abandoning Service, Quashes High Court's Relief Order" "Clear cases of job abandonment cannot bypass procedural requirements when the facts substantiate abandonment."

Acts and Sections Discussed: LIC Staff Regulation, 1960: Regulation 39(4)(iii) and Explanations 1 and 2. Constitution of India: Article 226 (Equit...