Search Results for "precedent misapplied"

55 result(s) found

Scroll Down To Discover

Found 55 result(s)

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Application of Burden of Proof Under Section 163A MV Act. Claimant's Failure to Prove Negligence Not a Ground for Dismissal Under No-Fault Liability Scheme.

The present appeal arises from a judgment of the Calcutta High Court dated 27.09.2022, which affirmed the dismissal of a claim petition filed by the o...

© Image Copyrights Juris Services & Technology

Bombay High Court Hears Writ Petition Challenging Validity of Reopening Notice Under Section 148 of Income Tax Act for Assessment Year 2015-16. The Reopening Based on Alleged Escaped Income from Capital Reduction Transaction Is Contested on Grounds of Full Disclosure During Original Assessment.

The petitioner, an investment holding company incorporated in Singapore and under creditors' voluntary liquidation, held shares in Lehman Brothers Cap...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Union of India's Appeals in MACP Scheme Financial Upgradation Dispute. Modified Assured Career Progression Scheme Entitles Employees to Next Higher Grade Pay, Not Grade Pay of Next Promotional Post.

The Supreme Court considered a batch of appeals filed by the Union of India against orders of various High Courts and Central Administrative Tribunals...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Tenant in Eviction Suit Under Bombay Rent Act; Landlord Failed to Discharge Burden of Proving Benami Alternative Accommodation. Oral Evidence Alone Insufficient to Reverse Trial Court's Factual Finding; Precedent Misapplied.

The dispute arose from an eviction suit filed by the landlord against the tenant under the Bombay Rents, Hotel Lodging and House Rates Control Act, 19...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal for Compensation of Fruit-Bearing Trees in Land Acquisition Case. The reference Court's dismissal of tree compensation was set aside as the valuer's evidence was unchallenged and the Supreme Court precedent was misapplied.

The appellant, Sau. Ushadevi Manikrao Baradkar, owned land in Gat No. 75 of Village Barad, Tq. Babhulgaon, District Yavatmal, which was acquired for t...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Management's Petition Challenging Tribunal's Order Setting Aside Dismissal of Employee. Domestic Enquiry Found Unfair and Improper Due to Denial of Reasonable Opportunity to Employee.

The petitioner, Maratha Mandal, Belgaum, a management of an educational institution, challenged the order dated 26.06.2010 passed by the Educational A...