Search Results for "Overruled precedent"

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Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Madras High Court Hears Petition to Regularize Services of NREGS Computer Assistant. Petitioner Seeks Mandamus to Direct Respondents to Regularize His Services Considering Length of Service, Relying on Division Bench Judgment in W.A.No.1594 of 2017.

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of mandamus. The petitioner, K.R. Vijaya Kumar, sought a dir...

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Bombay High Court Upholds Suspension Orders of Municipal Officers Under Section 56(1)(b) of BPMC Act for Disciplinary Enquiry. The court overruled a previous Division Bench decision that had restricted the provision to criminal proceedings, holding that suspension pending enquiry into charges is valid.

The case involved a writ petition filed by five officers of the Navi Mumbai Municipal Corporation challenging their suspension orders. The petitioners...