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Search Results for "casus omissus"

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Supreme Court

Supreme Court Allows Appeals of Sarpanch and Member in Maharashtra Village Panchayat Disqualification Case Due to Lack of Appellate Jurisdiction. The Divisional Commissioner Had No Authority to Entertain Appeals Against Collector's Order Rejecting Disqualification Under Section 14B(1) of Maharashtra Village Panchayats Act, 1959, as No Statutory Remedy Exists for Such Rejections.

4 Jan 2022

The dispute arose from elections held in September 2018 for a Village Panchayat in Dhule, Maharashtra, where the appellants were elected as Sarpanch a...

Supreme Court

Supreme Court Quashes High Court Order Directing Allocation of IAS Cadre to Kerala - Upholds Union's Allocation Policy and Rules. The Court found that the High Court misread statutory rules and policy on cadre allocation, consultation with State Government, and treatment of OBC candidates qualifying on general merit under the Indian Administrative Service (Cadre) Rules, 1954, and Civil Services Examination notification.

22 Oct 2021

The appeals arose from an order of the High Court of Kerala directing the Union of India to allocate the respondent, a successful candidate in the Civ...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Cases Under Consumer Protection Act. The court held that conversion of leasehold to freehold property for a fee constitutes a service under the Consumer Protection Act, 1986, and refusal based on an internal memo without public notification is arbitrary, violating statutory rules.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to process applications for converting leasehold residential plots to freehold status under the Ch...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Dispute Under Consumer Protection Act. The court held that allottees paying conversion fee are consumers under the Consumer Protection Act, 1986, and the Estate Officer's refusal based on an internal memo without public notification was arbitrary under the Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to convert leasehold residential plots in Chandigarh to freehold under the Chandigarh Conversion o...

Supreme Court

Supreme Court Allows Compounding Application in SEBI Act Case, Overturning Lower Court Decisions on Consent Requirement. Court Holds That Section 24A of Securities and Exchange Board of India Act, 1992 Does Not Mandate SEBI's Consent for Compounding, and Compounding Can Be Considered at Advanced Trial Stages Based on Factual Assessment.

23 Jul 2021

The dispute arose from a criminal prosecution under Section 24(1) of the Securities and Exchange Board of India Act, 1992, against the appellant, a di...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

Supreme Court

Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

19 Mar 2020

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

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