Search Results for "Statutory Remedy"

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Supreme Court Quashes Chargesheet Against Tehsildar in Land Settlement Case, Citing Unexplained Delay and Lack of Malafide. Inordinate Delay and Absence of Extraneous Influence Bar Disciplinary Proceedings Against Quasi-Judicial Officers

Major Acts and Provisions: Judges Protection Act, 1985 (JPA 1985) – Para 4 Madhya Pradesh Land Revenue Code, 1959 – Section 57(2) �...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Restoration of Appeal Allowed: Compromise Non-compliance Entitles Statutory Remedy. Failure to honor compromise terms allows restoration of appeal under the Code of Civil Procedure.

The Supreme Court held that in cases of non-compliance with compromise terms, a party has the statutory right to seek restoration of an appeal. The Hi...

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"Bombay High Court Declines Writ Jurisdiction; Relegates Petitioner to Statutory Appeal Remedy" "Exhaustion of alternate remedies reaffirmed; liberty to appeal within four weeks granted."

Acts and Sections Discussed: Maharashtra Goods and Services Tax Act, 2017 Principles of Natural Justice Judicial Precedents on Alternate Remedy (...

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High Court Dismisses Writ Petition for Non-Exhaustion of Alternate Remedies. Petitions under Article 226 of the Constitution must follow procedural discipline, particularly where alternate remedies are available.

The Bombay High Court dismissed a writ petition challenging an Order-in-Original for failure to exhaust alternate remedies. The petitioner alleged a b...

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Court Denies Petition to Quash Cheating Charges in E-Rickshaw Sale Case. "Ignorance of Law No Excuse: Court Emphasizes Limited Scope of Quashing Petitions and Upholds Allegations of Cheating"

The Petitioner sought the quashing of criminal proceedings against him for alleged cheating (Section 420 IPC) related to the sale of an unregistered E...

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Finance Company Challenges Arbitration Halt Due to Insolvency Moratorium. Petitioner disputes arbitrator's orders citing moratorium scope under IB Code, seeks continuation against non-insolvent guarantors.

The petitioner, a finance company, challenges two orders by an arbitrator that halted arbitration proceedings due to a moratorium under Section 95 of ...

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Land: Basilica of Our Lady of the Mount Challenges SRA's Acquisition Attempt. Protecting Property Rights and Redevelopment Plans in Mumbai's Slum Rehabilitation Dispute

Maharashtra Slum Rehabilitation Authority (SRA) Act, where the petitioner, Basilica of Our Lady of the Mount, Mumbai, contests SRA's attempt to acquir...

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Court Quashes Decade-Old Show Cause Notices Due to Procedural Delays. Non-communication of transfer to call book and prolonged delay in adjudication render ICICI Bank subsidiary's show cause notices invalid.

The petitioner, a wholly owned subsidiary of ICICI Bank Limited, sought a declaration from the court that the proceedings initiated by two show cause ...

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Supreme Court Overturns High Court's Exemption of Nagar Nigam, Allahabad from ESI Act Obligations. Workshop Classified as 'Factory' Under Employees' State Insurance Act, Must Seek Exemption from Government Authority

The Supreme Court of India overturned the Allahabad High Court's decision which had exempted the Nagar Nigam, Allahabad (now Municipal Corporation, Al...