Search Results for "legal fiction"

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Reservation Lapse Under MRTP Act: Supreme Court Declares Land Free After 33 Years of Inaction. Supreme Court Invokes Article 142 to Do Complete Justice in Land Reservation Case

The Supreme Court held that the reservation of the land had lapsed under both Section 49(7) and Section 127 of the MRTP Act due to the failure of the ...

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Supreme Court Upholds Dissolution of CMJ University Due to Non-Compliance with Statutory Procedures. Chancellor Appointment Without Visitor’s Approval Rendered University Actions Void Ab Initio – Dissolution Order Validated

Major Acts: Chandra Mohan Jha University Act, 2009 (CMJ University Act) – Sections 13, 14, 26, 48. University Grants Commission Act, 1956...

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Disciplinary Proceedings After Retirement: Void Jurisdiction. Legal fiction of continuation in service does not apply when disciplinary proceedings are initiated post-retirement.

This case examines the jurisdiction to initiate disciplinary proceedings after an officer’s superannuation. The Supreme Court ruled that such procee...

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"Bombay High Court Rules on Deemed Registration of Trusts Under Income Tax Act" "Trust's registration deemed granted due to CIT's delayed response."

The Bombay High Court ruled that the Respondent was entitled to a deemed registration under the Income Tax Act (Section 12AA) due to the failure of t...

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Court Rules on Bar Council Enrolment Fees: Balancing Statutory Limits and Practical Necessities. Ensuring Accessibility and Fairness in Legal Profession Entry While Addressing Operational Costs

The judgment addresses the issue of whether the enrolment fees charged by State Bar Councils (SBCs) exceed the statutory limits set by Section 24(1)(f...

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Supreme Court Upholds Bombay High Court's Interpretation of 'Drawer' Under NI Act. Clarifies that authorized signatories of a company are not liable to pay interim compensation under Section 143-A for dishonoured cheques

The Supreme Court dismissed the appeals challenging the Bombay High Court's decisions dated 08.03.2023 and 29.03.2023. These decisions had set aside t...

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"Exploring the Legal Framework on Political Defection and Local Governance in Maharashtra"

The judgment addresses the legal framework surrounding political defections at various levels of government, including local authorities such as munic...

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Supreme Court Partially Modifies High Court Judgment on Partition of Ancestral Properties. Respondents' entitlement to shares adjusted; self-acquired properties excluded from partition.

Civil Appeals challenge the judgment of the High Court of Karnataka, Dharwad Bench, in R.F.A. No.3052 of 2010 and Cross-objection No. 103 of 2011. The...