Search Results for "interlocutory order"

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High Court

Court Upholds Stringent Provisions of MCOC Act, Denies Anticipatory Bail. Emphasizes Legislative Intent to Combat Organized Crime, Dismisses Reliance on SCST Act Precedents and Non-Binding Judgments

28 Jun 2024

The judgment examines the applicability of anticipatory bail provisions under the Maharashtra Control of Organized Crime Act (MCOC Act) in comparison ...

Supreme Court

Restitution in Court Auction Sales: Upholding Justice Amidst Procedural Challenges Interpretation and Application of Section 144 CPC

14 May 2024

Restitution of Judgment Debtors in Court Auction Sales: Interpretation and Application of Section 144 CPC The legal issue in this appeal revolves aro...

Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute, Upholding High Court's Decree for Possession and Injunction. The Court held that the suit was not under Section 6 of the Specific Relief Act, 1963, making the appeal competent, and rejected belated applications for amendment of written statement and additional grounds at the appellate stage.

29 Mar 2023

The dispute originated from a suit filed by the plaintiff (respondent) seeking permanent injunction and later amended to include prayers for possessio...

Supreme Court

Supreme Court Clarifies High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

Supreme Court

Supreme Court Disposes of Appeals in Seniority Dispute with Directions for Expedited Hearing. Court Maintains Interim Stay and Directs High Court to Dispose of Pending Writ Petition Challenging Seniority Fixation Between Special Recruitment and General Quota Assistant Section Officers.

23 Sep 2022

The dispute originated from a challenge to the fixation of inter se seniority between two batches of directly recruited Assistant Section Officers in ...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

Supreme Court

Supreme Court Allows Accused's Appeal in UAPA Case, Directing Provision of Redacted Statements of Protected Witnesses. The Court Held That Fair Trial Principles Under Section 207 Cr.P.C. Require Disclosure of Relevant Evidence, and Witness Protection Under Section 44 UAPA Only Permits Redaction of Identity Details, Not Withholding Entire Statements.

25 Feb 2022

The appeal arose from a dispute under the Unlawful Activities (Prevention) Act, 1967 (UAPA), involving the accused's right to access statements of pro...

Supreme Court

Supreme Court Reviews Industrial Dispute Over Contract Labour Wages and Settlement Binding Under Industrial Disputes Act, 1947. High Court Sustained Tribunal Award on Substantive Issues but Remanded for Individual Wage Scale Determination Due to Tribunal's Failure to Apply Basis to Facts.

4 Feb 2022

The dispute originated from a Direct Action notice raised by the Oil Field Employees Association on 26 August 2016, representing workmen engaged by co...

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