Search Results for "Formal defect"

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Supreme Court Validates Sub-Classification of Scheduled Castes in Landmark Judgment. Upholding Equality Within Equality: Supreme Court Endorses State's Power to Sub-Classify Scheduled Castes for Targeted Reservation.

The Supreme Court of India, in a significant ruling, has upheld the constitutionality of sub-classifying Scheduled Castes for the purpose of reservati...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Bombay High Court Upholds Trial Court's Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1(3) CPC — Defect in Map and Incomplete Prayers Constitute Formal Defect.

The case arises from a civil revision application filed by the original defendant, Kashinath Badhe, challenging an order of the trial court dated 07/0...

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Bombay High Court Dismisses Civil Revision Against Permission to Withdraw Suit with Liberty to File Fresh Suit. Withdrawal Allowed Under Order XXIII Rule 1 CPC as Plaintiff Sought to Withdraw Due to Technical Defect, Not Abuse of Process.

The original defendants in Regular Civil Suit No. 22 of 2004 challenged the order dated 1st January 2014 passed by the learned Adhoc District Judge-1,...

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High Court of Bombay at Nagpur Allows Bank's Petition Against Registrar's Refusal to Register Original Application in Debt Recovery Case. Registrar's Role is Ministerial and Cannot Decide Tenability Under Rule 5 of Debts Recovery Tribunal (Procedure) Rules, 1993.

The petitioner, Bank of India, a nationalized bank, had granted financial assistance to a limited company, with Ms. Avantika Chauhan as a guarantor. T...

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Bombay High Court Upholds Validity of 50% Reservation for Women in Gram Panchayats — Rule 3(1)(c) of Maharashtra Village Panchayats (Reservation of Seats for Women) Rules, 1995 Held Intra Vires the Bombay Village Panchayats Act, 1958 and Article 243D of the Constitution.

The case involves a Letters Patent Appeal filed by Shri Tatyasaheb Ramchandra Kale against the judgment of a Single Judge of the Bombay High Court dis...

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High Court of Karnataka Allows Withdrawal of Divorce Petition with Liberty to File Fresh Petition Under Order 23 Rule 1 CPC. Family Court's Dismissal of Withdrawal Application Set Aside as Irrational.

The petitioner, R. Harish, filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, in the Family Court at Kolar, seeking dissolutio...

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Bombay High Court at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the plaintiffs (appellants) against the judgment and decree of the District Judge, Pernem, Goa, which confi...