Search Results for "proviso"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
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Supreme Court

Supreme Court Quashes High Court Order in Land Acquisition Case Due to Lack of Locus Standi of Subsequent Purchaser. Acquisition Proceedings Do Not Lapse Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as Subsequent Purchaser Cannot Challenge and Both Possession and Compensation Conditions Were Not Met.

13 Mar 2023

The dispute arose from a land acquisition case concerning Khasra No. 668/1 min and 668/2 in Village Satbari, New Delhi. The Government of NCT of Delhi...

Supreme Court

Supreme Court Quashes High Court Order in Land Acquisition Case Due to Exclusion of Stay Period Under Section 24(2) of 2013 Act. Acquisition Not Deemed Lapsed as Possession Could Not Be Taken Due to Operative Stay Order, Excluding Period from Five-Year Computation per Indore Development Authority Precedent.

13 Mar 2023

The dispute arose from a land acquisition case where the High Court of Delhi allowed a writ petition, declaring the acquisition deemed to have lapsed ...

Supreme Court

Supreme Court Allows Union of India's Appeal in Land Acquisition Lapse Dispute Under Section 24(2) of 2013 Act. High Court's Declaration of Lapse Reversed as Possession Was Admittedly Taken, Applying Constitution Bench Ruling in Indore Development Authority Which Overruled Prior Precedent on Compensation Payment Requirement.

13 Mar 2023

The Supreme Court heard an appeal by the Union of India against a Delhi High Court judgment that declared land acquisition proceedings had lapsed unde...

Supreme Court

Supreme Court Declares Accused Juvenile and Quashes Death Sentence Under Juvenile Justice Act, 2015. Age Determination Based on School Birth Certificate Prevails Over Ossification Test, Leading to Release After Over 5 Years Incarceration as Maximum Sentence for Juvenile Below 16 is 3 Years.

3 Mar 2023

The Supreme Court heard appeals challenging the judgment and order dated 15.11.2018 of the Madhya Pradesh High Court, which affirmed the death sentenc...

Supreme Court

Supreme Court Upholds Union and State in Consumer Protection Rules Challenge, Reversing High Court's Striking Down of Qualification and Procedure Provisions. Rules 3(2)(b), 4(2)(c), and 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 Found Not Arbitrary Under Article 14 of Constitution of India, as They Provide Sufficient Guidelines for Appointments to Consumer Commissions.

3 Mar 2023

The Supreme Court addressed appeals by the Ministry of Consumer Affairs, Union of India, and State of Maharashtra against a common judgment and order ...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

Supreme Court

Supreme Court Sets Aside Dismissal of NI Act Complaints Due to Magistrate's Failure to Apply Proviso to Section 256 CrPC. Magistrate Erred in Dismissing Complaints for Non-appearance When Complainant's Evidence Was Already Recorded and Cross-Examination Completed Under Section 138 of Negotiable Instruments Act, 1881.

1 Mar 2023

The Supreme Court addressed appeals arising from the dismissal of eight criminal complaints filed under Section 138 of the Negotiable Instruments Act,...

Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

Supreme Court

Supreme Court Dismisses Appeal in Pension Benefits Case Under Regularisation Rules. Employee Not Entitled to Old Pension Scheme as Initial Appointment Was on Contract Basis and Regularisation Was Prospective Under Rule 6 of Regularisation Rules, 2011.

28 Feb 2023

The dispute centered on the entitlement of an employee to pensionary benefits under the old pension scheme following the regularisation of his service...

Supreme Court

Supreme Court Sets Aside High Court's Remand Order in Civil Suit for Cancellation of Sale Deed - Directs Trial Court to Decide Based on Existing Evidence. The Court held that remand for de novo trial was unjustified as the Trial Court had already recorded evidence and decided on merits under Section 103 of the Indian Evidence Act, 1872, with no exceptional circumstances present.

27 Feb 2023

The appeal arose from a common judgment of the High Court of Kerala dated 28.06.2019, which disposed of four appeals related to civil suits between si...

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