Search Results for "discretionary interest"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "discretionary interest"

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High Court

Bombay High Court Quashes Land Acquisition Notifications and Awards for Failure to Conduct Social Impact Assessment and Public Hearing Under RFCTLARR Act, 2013. Non-Compliance with Mandatory Provisions of Sections 4, 11, and 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Renders Acquisition Void Ab Initio.

4 May 2023

The Petitioners, Manekbben Rama Tandel and Dharmesh Sukkar Tandel, are owners of land bearing survey Nos. 8, 10/1, 11/2, 11/3 of village Kathiria, Dam...

High Court

Bombay High Court Allows Quashing of POCSO and IPC Proceedings on Compromise Between Accused and Complainant Who Later Married. Marriage Between Accused and Complainant Leads to Quashing of FIR Under Section 482 CrPC as Continuation Would Be Abuse of Process.

22 Oct 2019

The applicants, Taj @ Arjun S/o. Ajay Mishra (accused) and Ragini Ashok Amarnani (complainant), jointly filed a criminal application under Section 482...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

Gujarat High Court Condoned 6110 Days Delay in Filing Application to Set Aside Abatement and Bring Legal Heirs in Second Appeal — Sufficient Cause Shown for Death of Original Appellant and Continuous Litigation. The court held that the term 'sufficient cause' under Section 5 of the Limitation Act, 1963 should be liberally construed to advance substantial justice, and condoned the delay subject to costs.

11 Feb 2026

The present judgment arises from a Second Appeal No. 17 of 2003 pending before the Gujarat High Court. The original appellant, Vira Meru Jotwa, had fi...

High Court

Bombay High Court Dismisses Petition for Recall of Witnesses Under Section 311 CrPC — Ineffective Cross-Examination Not Ground for Recall. Petitioner's failure to confront witnesses with discharge card during cross-examination does not justify recall under Section 311 CrPC as the power is not meant to fill gaps in defence.

11 Dec 2018

The petitioner, Lawrence Dias, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal P...

High Court

Bombay High Court Hears Challenge to Denial of Exemption for Transitional Product Specific Safeguard Duty under Section 8C of Customs Tariff Act, 1975. Petitioner Asserts Notification No.96/2009-Cus. Intended to Exempt All Safeguard Duties and Phrase 'under section 8B' is Discriminatory.

23 Dec 2015

The petitioner, a public limited company manufacturing pneumatic tyres, regularly imported Carbon Black from the People’s Republic of China. Carbon ...

High Court

Bombay High Court Quashes Transfer of NRI Assessee's Case Under Section 127 of Income Tax Act, 1961 Due to Violation of Natural Justice. Show-Cause Notice Not Served and Reply Not Considered Before Centralization of Case from Mumbai to Delhi.

26 Aug 2024

The petitioner, Rajiv Saxena, a Non-Resident Indian living in Dubai since 1992, filed a writ petition under Article 226 of the Constitution of India c...

Supreme Court

Supreme Court Upholds Execution Court's Power to Extend Time for Deposit in Specific Performance Decree Despite Delay. Section 28 of Specific Relief Act, 1963 vests jurisdiction in the court executing the decree to extend time and reject rescission where decree-holder was ready and willing.

20 Sep 2024

The case arises from a suit for specific performance of an agreement to sell dated 18.05.2005. The trial court decreed the suit in part, directing ref...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

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