Search Results for "Ultra Vires"

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Supreme Court Reinstates Librarians Terminated Over Invalid Degrees from University Established Under Ultra Vires Act -- Prospective Overruling Principle Applied to Protect Pre-Judgment Qualifications

The Supreme Court allowed three civil appeals filed by librarians terminated by the State of Bihar. The appellants had obtained Bachelor of Library Sc...

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High Court Dismisses Arbitration Petitions Challenging Awards Under Multi-State Co-operative Societies Act -- Upholds Arbitrator's Jurisdiction in Banking Dispute with Co-operative Bank -- No Conflict Found with SARFAESI Act or RDB Act

The High Court dismissed two Commercial Arbitration Petitions challenging arbitral awards passed by an Arbitrator appointed under Section 84 of Multi-...

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Jurisdictional Limits on State Interference in Land Rights: State of West Bengal v. Jai Hind Pvt. Ltd., Civil Appeal No. 7407 of 2012

The case arose from a dispute involving land/tenancy rights and administrative interference by State authorities in West Bengal. The High Court had se...

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Supreme Court Allows Appeal in Santiniketan Construction Case - Appellants Wins Against Demolition Order - High Court's Direction for Demolition and Compensation Set Aside

The Supreme Court allowed the appeals filed by Appellants challenging the High Court's order directing demolition of their building in Santiniketan ar...

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High Court Quashes Show Cause Notices in Tenancy Case Due to 33-Year Delay and Land Conversion -- Proceedings Under Bombay Tenancy Act Barred When Land Converted to Non-Agricultural Use

The petitioners challenged show cause notices issued under Section 84C of the Bombay Tenancy and Agricultural Land Act, 1948 regarding land transactio...

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High Court Allows Writ Petition for Refund of IGST on Ocean Freight -- Sets Aside Appellate Order Directing Limitation Verification -- Reliance on Precedents for Mistake of Law Refunds

The petitioners imported fertilizers on CIF basis, paying IGST on ocean freight under reverse charge mechanism as per RCM Notification No.10/2017. Aft...

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Supreme Court Upholds Rajasthan Electricity Regulatory Commission’s 2016 Open Access Regulations. Balancing Grid Stability and Consumer Rights Under the Electricity Act, 2003

Jurisdiction of RERC – Whether RERC could regulate inter-state open access under the Electricity Act, 2003. Held: Yes, as the Act empowers State ...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Apportionment Dispute in Compensation—Land Acquisition Officer (LAO) Lacked Jurisdiction—Dispute to be Referred to Civil Court

Maharashtra Highways Act, 1955—Section 19C(4)—Apportionment dispute in compensation for acquired land—LAO had no authority to decide—Matter to...