Search Results for "incurable defect"

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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 "incurable defect"

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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Service on Detenue in Judicial Custody and Reliance on Irrelevant Material. The court held that failure to serve detention order on detenue while in judicial custody and reliance on a criminal case in which detenue was not involved renders the order illegal.

1 Oct 2025

The petitioner, Dikshant @ Dadu Devidas Sapkale, challenged a preventive detention order dated 18.07.2024 passed by the District Magistrate, Jalgaon u...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

High Court

Bombay High Court Quashes Assessment Order for Violation of Natural Justice Under Section 144B of Income Tax Act, 1961 — Failure to Issue Show Cause Notice-Cum-Draft Assessment Order Renders Order Invalid. The court held that the mandatory procedure under Section 144B requiring issuance of a show cause notice-cum-draft assessment order was not followed, and the assessment order recording issuance of such notice was contrary to record, violating principles of natural justice.

18 Nov 2024

The petitioner, Teerth Developers and Teerth Realties JV (AOP), an association of persons, filed a writ petition under Article 226 of the Constitution...

High Court

Bombay High Court Dismisses Petition for Letters of Administration for Lack of Territorial Jurisdiction — Amendment Sought to Include Properties Outside Jurisdiction Cannot Confer Jurisdiction. The court held that the High Court's testamentary jurisdiction under Section 300 of the Indian Succession Act, 1925 is limited to cases where the deceased had a fixed place of abode or left property within its ordinary original civil jurisdiction, and an amendment to add properties outside that jurisdiction cannot cure the defect.

12 Nov 2024

The judgment concerns two interim applications in a testamentary petition for grant of Letters of Administration. The petitioner, Uday Sharad Kulkarni...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Army Court Martial Case — Appointment of Junior Judge Advocate Without Recorded Reasons Invalidates Proceedings. High Court Correctly Set Aside Conviction and Dismissal Based on Charanjit Singh Gill Precedent.

9 Sep 2024

The Supreme Court dismissed the appeal filed by the Union of India against the High Court of Punjab & Haryana's order setting aside the conviction and...

High Court

Bombay High Court Quashes Review and Rectification Orders in MVAT Case Due to Lack of Jurisdiction and Violation of Natural Justice. Petitioner's claim for deduction under Rule 58 of MVAT Rules for works contract was wrongly rejected by review order passed beyond limitation period and without proper hearing.

3 Aug 2023

The petitioner, Kalpataru Power Transmission Ltd., challenged a review order dated 8th March 2021 passed by the Deputy Commissioner of State Tax under...

Supreme Court

Supreme Court Dismisses Appeals by Private Company and Directors in Coal Scam Case, Upholds CBI Investigation. Post-Facto Consent Under Section 6 of DSPE Act Valid for Public Servants Not Named in FIR, Private Individuals Lack Locus to Challenge Investigation.

1 Jan 2020

The Supreme Court dismissed appeals challenging the Allahabad High Court's order upholding CBI investigation in a coal scam case. The case arose from ...

High Court

Bombay High Court Allows Original Tenant to Recover Possession from Subsequent Tenant Inducted During Pendency of Execution Proceedings - Doctrine of Lis Pendens Applies to Post-Decree Proceedings Under Order XXI CPC. The court held that a person inducted during the pendency of an application under Order XXI Rule 97 or 99 CPC is a lis pendens inductee and cannot resist the original tenant's claim for possession.

28 Jun 2019

The case involves a dispute between two tenants over possession of a property. The landlord, Mohammed Usman Shaikh Umar, filed a suit for eviction aga...

High Court

Bombay High Court Dismisses Election Petition for Non-Compliance with Mandatory Requirements Under Representation of the People Act, 1951. Failure to Furnish Attested Copies and Official Transcripts of CDs Renders Petition Liable for Summary Dismissal.

7 Mar 2017

The case involves an election petition filed by Adam Narsayya Narayan challenging the election of Praniti Shinde (Respondent No.1) from Solapur City C...

High Court

High Court of Karnataka Allows Writ Appeal of Legal Heirs in Industrial Dispute Case — Sets Aside Single Judge Order, Restores Labour Court Award of Terminal Benefits. The Court Held That a Second Reference Under Section 10(1)(c) of the Industrial Disputes Act, 1947 Is Not Barred by Res Judicata When the Earlier Claim Petition Was Dismissed on Limitation Without Adjudication on Merits.

18 Feb 2013

The appellants, legal heirs of deceased workman Devendrappa, challenged the order of a Single Judge who had set aside the Labour Court's award in thei...

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