Search Results for "Limitation"

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Supreme Court's Interpretation of Article 131: Federal Disputes and Legal Rights. A detailed analysis of the Supreme Court's jurisdiction under Article 131, focusing on federalism, state consent, and the role of the CBI within Indian constitutional law.

The maintainability of a suit filed by the State of West Bengal against the Union of India under Article 131 of the Indian Constitution, challenging t...

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Court Strikes Down Arbitrary Lease Rent Hikes Based on Ready Reckoner Rates. State Government Ordered to Frame New, Fair Policy for Lease Rent Determination Following Landmark Judgment.

The challenge against the State Government's methodology for calculating lease rent for residential lands based on Ready Reckoner rates. The Petitione...

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Supreme Court Upholds Inherent Powers of Courts to Recall Insufficiently Stamped Evidence. Key Judgment on the Reassessment of Admitted Documents in Civil Proceedings to Prevent Revenue Loss

This civil appeal addresses whether a court can recall the admission of an instrument as evidence, which was marked as an exhibit despite being insuff...

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Judicial Review of State Actions in Contractual Disputes: Evolution and Current Scope. From Traditional Boundaries to Modern Oversight: Ensuring Fairness and Transparency in State Contractual Matters

The evolution of judicial review in India regarding state actions in contractual and tender disputes. Historically, such disputes were seen as private...

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Appeal for Specific Performance in Property Sale Agreement Dismissed. First Plaintiff Awarded One-Half Undivided Share; Lower Courts' Decisions Upheld with Modifications

The appeal challenging the decree of specific performance of a property sale agreement was dismissed. The trial court, first appellate court, and High...

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High Court Upholds Writ Petition Against Private Educational Institution for Unilateral Change in Staff Service Conditions. Supreme Court affirms decision, emphasizing the public duty of education institutions and the doctrine of legitimate expectation.

The High Court on 05.08.2014, regarding the maintainability of a writ petition under Article 226 against a private educational institution. The case i...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Appellant's Property Claim Upheld: High Court's Reversal Overturned. Limitation Period and Implied Revocation of Power of Attorney Central to Decision

A dispute over a property transaction. The Appellant argues that the suit is within the limitation period based on her knowledge of the sale deed (Ex....

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Bombay High Court Dismisses Challenge to Partition Suit in Joint HUF Property Dispute. Alienation by One Coparcener Without Partition Gives Rise to Cause of Action; Suit for Partition Maintainable

The court dismissed the Civil Revision Application (CRA) filed by Damodar Badrinarayan Bhandari (Defendant No. 6) challenging the rejection of his app...