Search Results for "setting aside"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
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Search Results for "setting aside"

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Supreme Court

Supreme Court Allows Claimants' Appeal in Motor Accident Case, Reinstates Tribunal Award Against Insurance Company. The Court held that delay in recording witness testimony alone does not discredit evidence, and negligence is determined on preponderance of probabilities under the Motor Vehicles Act, 1988, based on corroborated witness accounts and police investigation.

7 Apr 2025

The appeal arose from a motor accident claim where the deceased, Mr. K. Yadagiri, died in a road accident on March 20, 2011, when his scooter was hit ...

Supreme Court

Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

7 Apr 2025

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...

Supreme Court

Supreme Court Dismisses Appeals in Insolvency Case Due to Limitation and Mis-statements. NCLAT's Refusal to Condon Delay Upheld as Appellant Failed to Apply for Certified Copies and Made Contradictory Assertions Under Section 61 of Insolvency and Bankruptcy Code, 2016.

4 Apr 2025

The appeals arose from an order dated 18.01.2024 passed by the National Company Law Appellate Tribunal (NCLAT), which dismissed appeals preferred by t...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Prosecution Inconsistencies. Conviction under Section 302 IPC Set Aside as Last Seen Testimony Was Uncorroborated, Extra-Judicial Confessions Were Inadmissible, and Unexplained Delay in FIR Presentation Cast Doubt on Prosecution Case.

4 Apr 2025

The appeal arose from a murder conviction where the appellant, along with others, was accused of killing a police constable who had chased them for al...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

4 Apr 2025

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

Supreme Court

Supreme Court Upholds Eligibility of D.El.Ed. Candidates for Assistant Teacher Recruitment in West Bengal. The court considered the application of West Bengal Primary School Teachers Recruitment Rules, 2016 and NCTE qualifications, allowing participation based on Board assurances despite course delays due to pandemic and administrative issues.

4 Apr 2025

The dispute centered on the eligibility of candidates pursuing a Diploma in Elementary Education (D.El.Ed.) for the 2020-2022 batch to apply for assis...

Supreme Court

Supreme Court Dismisses Port Trust's Appeal in Licence Fee Recovery Case Due to Limitation Bar. Recovery Proceedings Under Public Premises Act, 1971 Held Time-Barred as Cause of Action Arose in 2010 and Proceedings Initiated in 2015 Exceed Three-Year Limit Under Limitation Act, 1963.

3 Apr 2025

The dispute arose from the New Mangalore Port Trust (NMPT) allotting land to licensees for loading and unloading goods, with licence fees subject to r...

Supreme Court

Supreme Court Upholds Respondent in Arbitration Appeal on Limitation Grounds Under Arbitration and Conciliation Act, 1996. Application to Set Aside Award Filed Within Time as Limitation Period Expired on Court Holiday, Invoking Section 4 of Limitation Act, 1963 After Excluding Receipt Date Under Section 12.

3 Apr 2025

The appeal arose from a High Court order allowing a respondent's appeal under Section 37 of the Arbitration and Conciliation Act, 1996, holding that t...

Supreme Court

Supreme Court Partially Sets Aside High Court Judgment Annulling Entire Recruitment Process and Directs Fresh Scrutiny for Validly Selected Candidates. The Court held that blanket cancellation without distinguishing between tainted and untainted appointments violates principles of natural justice and proportionality under the West Bengal School Service Commission Act, 1997 and related recruitment rules, requiring individual examination of each selectee's case.

3 Apr 2025

The Supreme Court considered appeals challenging the Calcutta High Court's judgment dated 22.04.2024, which had set aside the entire 2016 selection pr...

Supreme Court

Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

2 Apr 2025

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

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