Search Results for "equitable considerations"

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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 "equitable considerations"

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Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Quashes Convictions Under Section 326 IPC Based on Compromise Between Parties. Non-compoundable Offences Can Be Quashed Under Section 482 CrPC When Dispute is Private and Settled, Following Principles from Gian Singh and Laxmi Narayan Cases.

29 Sep 2021

The Supreme Court considered two criminal appeals involving convictions under Section 326 of the Indian Penal Code, 1860, which is a non-compoundable ...

Supreme Court

Supreme Court Allows Rajasthan High Court's Appeal Against Reinstatement of Probationary Judicial Officer. Termination of Probationer Upheld as Non-Stigmatic Administrative Decision Based on Suitability Assessment.

18 Mar 2020

The Supreme Court allowed the appeals filed by the Rajasthan High Court against the order of its own Division Bench which had directed reinstatement o...

Supreme Court

Supreme Court Upholds Farmers' Insurance Claim in Cold Storage Fire — Insurer Liable Despite No Privity of Contract. Farmers are Consumers Under Consumer Protection Act, 1986, and Insurance Company Must Pay for Loss of Stored Agricultural Produce.

31 Jan 2020

The case involves multiple appeals arising from a common order of the National Consumer Disputes Redressal Commission regarding a fire that occurred o...

Supreme Court

Supreme Court Allows Appeal in Pre-emption Case Under West Bengal Land Reforms Act — Full Consideration Must Be Deposited at Time of Filing Application. The Court held that the pre-emptor must deposit the entire consideration as per the sale deed, not a self-assessed amount, and failure to do so renders the application invalid.

17 Oct 2019

The case involves a dispute over the right of pre-emption under the West Bengal Land Reforms Act, 1955. The appellants purchased a plot of land from t...

Supreme Court

Supreme Court Directs Expert Appraisal Committee to Revisit Environmental Clearance for Greenfield Airport at Mopa, Goa, Balancing Development and Biodiversity Concerns in Western Ghats. The Court suspends the environmental clearance pending fresh appraisal by the EAC, emphasizing the need to preserve forests, ecologically sensitive areas, and water channels.

23 Apr 2019

The Supreme Court of India was hearing a Miscellaneous Application filed by the Union of India, Ministry of Environment, Forests and Climate Change (M...

High Court

Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

7 Feb 2024

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

High Court

Bombay High Court Dismisses Application to Condone 1503-Day Delay in Restoration of Suit — Lack of Sufficient Cause for Inordinate Delay. Condonation of Delay Denied as Plaintiff Failed to Explain Delay of Over Four Years in Seeking Restoration of Suit Dismissed for Want of Prosecution.

28 Feb 2023

The plaintiff, Metal Rolling Works Ltd., filed an interim application under Section 5 of the Limitation Act, 1963, seeking condonation of a 1503-day d...

High Court

Bombay High Court Dismisses Municipal Corporation's Petitions Challenging Rejection of Delay Condonation in Property Tax Appeals — Upholds District Judge's Finding of No Sufficient Cause for 6-Year Delay Under Section 411 of Maharashtra Municipal Corporation Act

21 Mar 2023

The Municipal Corporation of Thane filed seven writ petitions challenging a common judgment dated 1 July 1999 by the 4th Additional District Judge, Th...

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