Search Results for "Discretionary power"

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Supreme Court Upholds Enhanced Share Valuation, Awards Interest at 6% Pre-Decree and 9% Post-Decree in Decades-Old Dispute. Balancing Equity and Commercial Realities: SC Modifies Interest Rates in Rajasthan State Mines Share Acquisition Case

Valuation of Shares – The Supreme Court affirmed the High Court’s valuation of shares at ₹640 per share, rejecting the State’s objections. Th...

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Supreme Court Restores Sessions Judge’s Order Summoning Additional Accused Under Section 319 CrPC. Revisional Jurisdiction Misapplied – High Court’s Interference Unwarranted

Power Under Section 319 CrPC: The Supreme Court reiterated the principles laid down in Hardeep Singh v. State of Punjab (2014) 3 SCC 92, holding tha...

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Extension of Time for Hotel Construction Without Additional Lease Premium. Court Sets Aside CIDCO’s Termination Notice, Grants Extension for Hotel Project with Waiver of Additional Lease Premium

Arbitrary Action Violates Article 14: The Court held that CIDCO’s actions were arbitrary and violated the principles of equality under Article 1...

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

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

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Bombay High Court Quashes Order Condoning Delay of Over 9 Years in Seeking Recall of Withdrawal of Suit

High Court Observed – Application for Condonation of Delay Lacked Bona Fide and Sufficiency of Cause (Para 25) The High Court quashed and set aside...

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Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Municipal Council’s Discretion – Rights of Property Owners – Principles of Natural Justice – Court’s Power of Judicial Review

Constitution of India, 1950 – Article 226 – Power of High Courts to issue writs – Judicial review of administrative actions – Discretionary po...