Search Results for "procedural infirmity"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "procedural infirmity"

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Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

Supreme Court

Supreme Court Remands Excise Dispute to High Court for Comprehensive Adjudication on Natural Justice and Statutory Validity Issues. High Court Erred in Limiting Decision to Vires of Section 9-D Without Applying Principles to Department's Actions Under Central Excise and Salt Act, 1944.

9 Feb 2023

The appeals arose from a judgment and order dated 28th August 2009 by the Delhi High Court, which disposed of five writ petitions challenging actions ...

Supreme Court

Supreme Court Dismisses State Appeal in Gujarat Control of Terrorism and Organised Crime Act Case — Continuing Unlawful Activity Requires Post-Promulgation Offence. The Court held that the prosecution must prove that the accused committed an organised crime after the Act came into force, and mere prior charge-sheets are insufficient to invoke the Act.

15 Dec 2022

The State of Gujarat appealed against the High Court's order granting bail to the respondent-accused, Sandip Omprakash Gupta, who was charged under Se...

Supreme Court

Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

15 Mar 2022

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

Supreme Court

Supreme Court Dismisses Guarantors' Appeals in SARFAESI Act Enforcement Case, Upholding Sale of Mortgaged Properties. The Court held that multiple litigations by guarantors constitute abuse of process and cannot defeat the expeditious recovery mechanism under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

23 Sep 2021

The Supreme Court of India dealt with civil appeals arising from special leave petitions challenging a common judgment of the Madras High Court. The d...

High Court

High Court of Bombay at Goa Dismisses Appeal in Succession Matter — Upholds Trial Court's Refusal to Recall Witnesses for Cross-Examination. The Court held that the appellant failed to show sufficient cause for recall and that the trial court's discretion under the Goa Succession Act was not improperly exercised.

27 Jul 2021

The present appeal arises from an order dated 20.11.2019 passed by the Senior Civil Judge, 'A' Court, Bicholim, in Special Inventory Proceeding No.1/2...

Supreme Court

Supreme Court Allows Workman's Appeal in Industrial Dispute — Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act, 1947 Clarified. Labour Court's Order Rejecting Approval for Dismissal Restored as It Did Not Exceed Its Limited Jurisdiction.

16 Oct 2019

The appeal arose from a dispute between John D'Souza, a workman, and the Karnataka State Road Transport Corporation (KSRTC). The workman joined as a b...

Supreme Court

Supreme Court Dismisses Appeal Against Denial of Ryotwari Patta for Tank Poramboke Land. Land Classified as 'Peddacheruvu Tank' Under Section 2-A of Andhra Pradesh Inams (Abolition & Conversion into Ryotwari) Act, 1956 Cannot Be Granted Ryotwari Patta.

14 Mar 2019

The appeal arose from a dispute over the implementation of ryotwari pattas allegedly granted in 1980 to the appellants' predecessor-in-interest for la...

Supreme Court

Supreme Court Upholds MERC Tariff Regulation Fixing Stringent Station Heat Rate for Dahanu TPS — No Discrimination Found. The Court held that the Maharashtra Electricity Regulatory Commission's differentiated norms for thermal generating stations based on past performance and efficiency are valid under the Electricity Act, 2003 and National Tariff Policy, 2006.

21 Jan 2019

The appellant, Reliance Infrastructure Limited, challenged the validity of Regulation 44.2(d) of the MERC (Multi Year Tariff) Regulations 2011, which ...

Supreme Court

Supreme Court Upholds High Court Decision That Appellate Tribunal Has Implied Power to Stay Penalty Recovery Pending Appeal. Section 254 Income-tax Act's Appellate Jurisdiction Includes Incidental Power to Grant Stay to Prevent Frustration of Appeal.

11 Sep 1968

The matter arose from penalty proceedings under the Income-tax Act, 1961. The Income Tax Officer imposed penalties on the assessee, M.K. Mohammed Kunh...

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