Search Results for "Discretionary Jurisdiction"

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Search Results for "Discretionary Jurisdiction"

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Supreme Court

Court Orders Tenant at Sufferance to Pay Mesne Profits and Deposit Significant Sum. Tenant must compensate for continued possession post-lease expiry and comply with court directives pending final judgment.

17 May 2024

The court judgment addresses the issue of mesne profits owed by a tenant at sufferance who continued to occupy the property after the lease expired du...

Supreme Court

Supreme Court Allows Delhi Development Authority's Appeal in Land Allotment Dispute, Quashing High Court's Direction for Allotment. Court Holds That Internal Notings and In-Principle Approval Do Not Confer Vested Rights, and Policy Change from Allotment to Auction Applies to Pending Cases Under Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 and Amendment Rules, 2006.

11 Jan 2024

The dispute arose from the Delhi Development Authority's appeal against the High Court of Delhi's judgment directing allotment of land to Hello Home E...

Supreme Court

Supreme Court Dismisses Appeal in CRPF Constable Dismissal Case, Upholding Termination for Concealment of Criminal Case. Termination was justified under Rule 5(1) of Central Civil Services (Temporary Service) Rules, 1965, as appellant suppressed pending criminal case in verification form, despite subsequent acquittal, in a disciplined paramilitary force.

26 Sep 2022

The dispute arose from the termination of a Constable in the Central Reserve Police Force (CRPF) for concealing information about a pending criminal c...

Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

Supreme Court

Supreme Court Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

Supreme Court

Supreme Court Dismisses Appeal in Land Acquisition Case Regarding Lok Adalat Award as Basis for Compensation Redetermination. Court Held That Lok Adalat Award Under Legal Services Authorities Act, 1987 Does Not Qualify as Determination by 'Court' Under Section 28A of Land Acquisition Act, 1894, as It Is Based on Compromise and Lacks Adjudicatory Function.

3 Feb 2022

The Supreme Court addressed a batch of appeals concerning the interpretation of Section 28A of the Land Acquisition Act, 1894, in relation to Awards p...

Supreme Court

Supreme Court Allows Trust's Appeal in Public Trusts Act Case Due to Registrar's Erroneous Application of Discretionary Power. Registrar's Rejection of Sanction for Sale of Trust Properties Was Invalid as It Was Based on Cultural Preservation Concerns Rather Than Assessment of Prejudice to Trust's Interest Under Section 14 of Madhya Pradesh Public Trusts Act, 1951.

28 Jan 2022

The dispute involved a public trust registered under the Madhya Pradesh Public Trusts Act, 1951, seeking sanction to sell five of its immovable proper...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Upholds State's Vesting of Private Forest Land Under Kerala Private Forests (Vesting and Assignment) Act, 1971. The court affirmed the tribunal's rejection of the claimant's exemption plea due to insufficient evidence of principal cultivation as plantation under Section 2(f) of the Act.

29 Oct 2021

The appeal arose from a dispute over the vesting of land under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The respondent, Popular ...

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