Search Results for "penal statute construction"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "penal statute construction"

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Supreme Court

Supreme Court Upholds Validity of Section 29A of the Insolvency and Bankruptcy Code, 2016, Disqualifying Related Parties of Corporate Debtors from Submitting Resolution Plans. The Court holds that the disqualification under Section 29A(c) applies to persons acting jointly or in concert with a disqualified person, and that the provision is not retrospective in operation.

3 Oct 2024

The Supreme Court of India delivered a landmark judgment on the interpretation and validity of Section 29A of the Insolvency and Bankruptcy Code, 2016...

Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Proceedings. The Court upheld the validity of the NIA's takeover of investigation and the sanction order under Section 45(2) UAPA, finding that the timeline for independent review is directory and the cognizance order was based on prima facie material.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

High Court

Bombay High Court Overrules Full Bench: Post-Poll Aghadi Under Section 63(2B) of Maharashtra Municipal Councils Act Attracts Full Disqualification Regime Under Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that the legal fiction in the proviso equates post-poll Aghadi with pre-poll Aghadi for all purposes, including disqualification for defection, and not merely for representation in subject committees.

16 Jul 2024

The case involves a reference to a larger bench of the Bombay High Court to resolve a conflict regarding the interpretation of the second Proviso to S...

Supreme Court

Supreme Court Allows Tenant's Appeal in Maharashtra Tenancy Act Case — Right to Purchase Not Lost Due to Lack of Knowledge of Landlord's Death. The court held that the limitation period under Section 32-F of the Maharashtra Tenancy and Agricultural Lands Act, 1948 runs from the date the tenant gains knowledge of the cessation of the landlord's disability, not from the date of cessation itself.

18 Sep 2019

The case involves a dispute under the Maharashtra Tenancy and Agricultural Lands Act, 1948, concerning the right of tenants to purchase agricultural l...

High Court

Bombay High Court Dismisses Petition Challenging ESI Circular for Construction Workers. Circular extending ESI Scheme to construction site workers held valid under Employees' State Insurance Act, 1948.

14 Mar 2017

The petitioners, Confederation of Real Estate Developers' Association of India (CREDAI) and two real estate firms, challenged a Circular dated 31st Ju...

High Court

High Court of Bombay at Goa Quashes Charges Under SC/ST Act for Lack of Public View Element in Caste-Based Insult Allegation. Offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, which was absent as incident occurred inside a house.

2 Feb 2016

This judgment arises from a criminal revision application filed by three applicants (original accused) challenging an order dated 07/09/2015 passed by...

High Court

Bombay High Court Quashes Disqualification of Gram Panchayat Member for Pre-existing Encroachment — Section 14(1)(j-3) of Bombay Village Panchayats Act, 1958 Not Attracted for Encroachment Made Prior to Election. The court held that the disqualification provision applies only to encroachments made after the member's election or during his tenure, and since the construction was made in 1996 and assessed by the Gram Panchayat from 2000, the petitioner could not be disqualified.

5 Nov 2012

The petitioner, Santosh Maruti Walanj, was elected as a member of Gram Panchayat Shelar, Taluka Bhivandi, District Thane, from a ward reserved for Sch...

High Court

Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

10 Jul 2007

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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