Search Results for "Functus Officio"

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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

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Gujarat High Court Allows Recall of Order in Domestic Violence Case Due to Non-Prosecution and Lack of Representation. Applicant's Revision Application Dismissed for Non-Prosecution Recalled to Prevent Miscarriage of Justice Under Section 482 CrPC.

The applicant, Jollyben, filed a Criminal Misc. Application seeking recall of an order dated 11.07.2025 passed by the High Court in Criminal Revision ...

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Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...

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Supreme Court Quashes NCLT Approval and NCLAT Judgment in Bhushan Power CIRP, Remands for Fresh Resolution Plan. Approved Plan Set Aside Due to Inordinate Delay, Illegal Extension Clause, Waterfall Violation, and Non-Compliance with IBC Provisions Including Sections 30, 31, and 53.

The Supreme Court adjudicated a batch of civil appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) challenging the approval of ...

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Bombay High Court Allows Adoption Petition, Sets Aside Custody Order in Favor of Adoptive Parents — Deed of Adoption Valid Under Hindu Adoption and Maintenance Act, 1956 Despite Lack of Witnesses and Registration.

The case involves a dispute between adoptive parents (petitioners) and biological parents (respondents) over the custody of a minor child aged 2 years...

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Bombay High Court Quashes Stamp Duty Demand on Unexecuted Lease Agreement — No Liability Under Maharashtra Stamp Act, 1958. Adjudication under Section 31 cannot be basis for demand when document is not executed and no stamp duty is chargeable.

The petitioner, Crisil Limited, a company registered under the Companies Act, had been in occupation of office premises at Hiranandani Business Park, ...

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Bombay High Court Allows State's Appeal Against Enhanced Interest in Land Acquisition Case. Reference Court Cannot Modify Award After Signing as It Becomes Functus Officio.

The State of Maharashtra appealed against a judgment and order dated 21st February 1992 passed by the Reference Court (Joint District Judge, Nashik) i...

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Bombay High Court Dismisses Revision Against Refusal to Review Execution Order in Specific Performance Decree. Decree Holder's Failure to Deposit Balance Consideration Within Reasonable Time Leads to Satisfaction of Decree by Payment of Earnest Money.

The case involves a Civil Revision Application challenging an order of the executing court refusing to review its earlier order by which execution pro...

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Supreme Court Dismisses Employer's Appeal Against Labour Court's Correction of Award Under Section 6(6) of U.P. Industrial Disputes Act, 1947. Correction of Accidental Omission to Specify Date of Effect of Fitment Held Valid Even After Award Became Final.

The Central Wage Board for the sugar industry recommended revised wage scales, categories, and fitment of workmen effective from November 1, 1960. The...