Search Results for "Ex parte"

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Supreme Court Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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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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Bias vs. Fair Hearing – Supreme Court Restores Shiksha Karmi Appointments Due to Procedural Infirmities

Constitution of India, 1950 Article 14 – Right to equality – Violation of procedural fairness – Absence of notice and opportunity to be heard �...

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Supreme Court Invalidates Ex Parte Arbitration Awards; Upholds Principles of Party Autonomy

Existence of Arbitration Agreement: Whether the purported arbitration agreement dated 01.04.1957 was valid and enforceable. Unilateral Appointment of ...

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"Right to Sue in Mutual Consent Divorce Does Not Survive Death of Spouse, Rules Court" "Family Court affirms the personal nature of the right to divorce, dismisses appeal by deceased husband's family."

The case examines whether the right to sue for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, survives to the mother an...

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"Supreme Court Rules on High Court's Power to Stay Bail Orders: Emphasizes the Right to Liberty" "In a significant judgment, the Supreme Court outlines the strict conditions under which interim stays on bail orders can be granted, highlighting the protection of an individual's right to liberty."

The core issue pertains to whether the High Court or Sessions Court can grant an interim order to stay the operation of an order granting bail until t...

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Supreme Court Directs Compensation for Delayed Possession in Fiesta Homes Project. The Supreme Court mandates compensation for homebuyers, correcting NCDRC's oversight of the construction agreement's possession date.

The appellants, along with proforma respondents, filed a complaint against the first respondent-builder for delay in handing over possession of flats ...

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Court Dismisses Wife's Appeal Against Ex-Parte Divorce Decree. Appeal Rendered Infructuous Due to Husband's Lawful Remarriage Following Divorce Decree

A second appeal filed by the appellant/wife against the decision of the learned District Judge-10, Aurangabad, who refused to condone a 166-day delay ...

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Supreme Court Upholds Maintenance Rights for Divorced Muslim Women: Balancing Secular and Personal Laws. Court Affirms Applicability of Section 125 CrPC alongside the Muslim Women (Protection of Rights on Divorce) Act, Ensuring Comprehensive Support for Divorced Muslim Women.

The appeal concerns the High Court of Telangana's modification of interim maintenance from INR 20,000 to INR 10,000 payable by the appellant to the re...

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"Upholding Eviction: Court Rules in Favor of Landlord Under Maharashtra Rent Control Act" "Conclusive Evidence in Written Agreements Seals Eviction; Jurisdictional and Procedural Claims Dismissed"

The case involves the eviction proceedings under Section 24 of the Maharashtra Rent Control Act, 1999, based on Leave and License Agreements between t...