Search Results for "statutory override"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
Supreme Court Hears Appeals on Permanent Establishment of Formula One World Cham...

Search Results for "statutory override"

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High Court

Bombay High Court Allows Deemed Conveyance to Co-operative Society Despite Pending Layout Development — MOFA Obligation to Convey Land to Flat Purchasers Is Not Contingent on Completion of Entire Layout. The Court held that the developer's obligation under Section 11 of MOFA, 1963 to convey the land to the society is absolute once occupation certificate is granted, and the Competent Authority cannot reject an application for deemed conveyance on the ground that the developer has not completed the entire layout.

15 Jun 2026

The Petitioner, Upvan Woodlands Co-operative Housing Society Limited, filed a writ petition under Article 227 of the Constitution of India challenging...

Supreme Court

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

6 Mar 2025

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

High Court

Suspension of Worker Welfare Schemes Quashed. "Pre-election Model Code of Conduct cannot override statutory rights under welfare laws," rules Bombay High Court.

6 Nov 2024

The legality of a circular issued by the Maharashtra Building and Other Construction Workers’ Welfare Board, which suspended welfare activities unde...

High Court

Bombay High Court Holds Entire Rule 15 of MEPS Rules Applies to Probationary Employees Under Section 5(3) of MEPS Act — Non-Compliance of Sub-Rules (3) and (5) Does Not Ipso Facto Vitiate Termination if Sub-Rule (6) Is Satisfied. The court clarified that only sub-rule (6) of Rule 15 is relevant for termination during probation, and failure to comply with sub-rules (3) and (5) does not automatically invalidate termination if the Management has objectively assessed the employee's performance.

30 May 2023

This judgment arises from a reference made by a learned Single Judge to a Larger Bench of the Bombay High Court at Nagpur, concerning the interpretati...

Supreme Court

Supreme Court Dismisses Appeals in Panchayat Licensing Dispute Over Hot Mix Plant. Kerala Micro Small and Medium Enterprises Facilitation Act, 2019 Does Not Override Kerala Panchayat Building Rules, 2019, and Panchayat License Cannot Be Deemed Granted Under MSME Act.

12 Apr 2023

The dispute originated when George Elias and Associates, a road works contractor, filed two writ petitions before the Kerala High Court challenging th...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

High Court

Bombay High Court Allows Refund Claim Despite Non-Electronic Filing in GST Case — Circular Cannot Override Statutory Provisions. Refund application filed manually under Section 54 of CGST Act, 2017 held valid as Circular No. 125/44/2019-GST requiring electronic filing is directory, not mandatory.

14 Feb 2022

The petitioners, C.P. Ravindranath Menon and Sindhu Ravindranath Menon, filed a writ petition under Article 226 of the Constitution of India before th...

Supreme Court

Supreme Court Quashes Convictions Under Section 326 IPC Based on Compromise Between Parties. Non-compoundable Offences Can Be Quashed Under Section 482 CrPC When Dispute is Private and Settled, Following Principles from Gian Singh and Laxmi Narayan Cases.

29 Sep 2021

The Supreme Court considered two criminal appeals involving convictions under Section 326 of the Indian Penal Code, 1860, which is a non-compoundable ...

Supreme Court

Supreme Court Allows State Appeal in Electricity Duty Exemption Case: Promissory Estoppel Not Applicable Due to Lack of Clear Representation and Public Interest. The court held that the Industrial Policy 2012 did not create an enforceable right to retrospective exemption, and the notification under Section 9 of the Bihar Electricity Duty Act, 1948 was validly made prospective.

1 Dec 2020

The Supreme Court allowed the appeal filed by the State of Jharkhand against the judgment of the Jharkhand High Court, which had directed the State to...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Eviction Order; Upholds Rent Controller's Jurisdiction Despite Absence of Written Lease Under Goa Rent Control Act, 1968. The Court Holds Section 34 of the Act to be Directory, Not Mandatory, and Refuses to Interfere with Concurrent Findings of Fact That the Tenant's Denial of Title Was Not Bonafide.

1 Feb 2018

The petitioner, Abdul Sattar Kulli, filed a writ petition under Article 227 of the Constitution before the High Court of Bombay at Goa, challenging th...

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