Search Results for "ratio decidendi"

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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 "ratio decidendi"

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Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case, Upholding High Court Order Setting Aside District Magistrate's Decision. District Magistrate's Role Under Section 14 is Limited to Assisting Secured Creditor in Taking Possession, Not Adjudicating Tenancy Disputes, and Tenant's Remedy Lies Under Section 17 Before Debt Recovery Tribunal.

26 Sep 2022

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

6 Feb 2019

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Resumption Notice — High Court's Dismissal of Writ Petition Set Aside. The Court Held That the High Court Erred in Dismissing the Writ Petition on the Ground of Disputed Questions of Title When the Earlier Division Bench Had Already Declared the Resumption Notice Illegal Under the Same Facts.

15 Mar 2019

The dispute pertains to a property in Pune, originally owned by Burjorji Goostadji and Cooverbai Homi Karani, who sold it to Mohammad Hajjibhoy in 192...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Convicts Contemnors for Scandalous Allegations Against Judges in Suo Motu Contempt Proceedings. The Court upheld its inherent power under Article 129 to punish for contempt, rejecting procedural objections under the Contempt of Courts Act, 1971.

27 Apr 2020

The Supreme Court of India initiated suo motu contempt proceedings against Vijay Kurle, Rashid Khan Pathan, and Nilesh Ojha for sending letters contai...

Supreme Court

Supreme Court Allows Appeal in Education Degree Equivalence Dispute — M.Ed. Held Equivalent to M.A. (Education) for Assistant Professor Post. The Court set aside the High Court's judgment quashing the corrigendum and directed UPHESSC to consider M.Ed. holders as eligible for the post of Assistant Professor in Education.

12 Oct 2020

The Supreme Court allowed the appeal filed by Anand Yadav and others against the judgment of the Allahabad High Court which had quashed a corrigendum ...

Supreme Court

Supreme Court Allows Appeal of Junior Engineer for Promotion with Consequential Benefits — Distinguishes Irregular from Illegal Appointment. Continuous officiation from initial appointment must be considered for promotion under U.P. Development Authorities Centralized Services Rules, 1985, even if appointment lacked Public Service Commission concurrence.

13 Dec 2019

The appellant, Siraj Ahmad, was appointed as a Junior Engineer on an adhoc basis on 30.03.1987 by the State of Uttar Pradesh after an advertisement an...

High Court

Bombay High Court Allows Appeal in Income Tax Case on Share Premium Utilization — Tribunal's Direction to Examine Section 78 of Companies Act, 1956 Set Aside as Beyond Scope of Income Tax Proceedings. The court held that the Assessing Officer cannot examine compliance with company law provisions in income tax proceedings, and the Tribunal's order was perverse.

9 Feb 2024

The appellant, Shendra Advisory Services Pvt. Ltd., was a joint venture between Indian promoters (Future Group) and a foreign company, Participatie Ma...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Sections 144, 148, 302 r/w 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

28 Jul 2023

The case pertains to the murder of Sudhakar on 19.08.2011. The informant Devidas (PW1) had a dispute with accused nos. 1, 4, and 5 over a field taken ...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations were contradictory and not supported by medical evidence or eyewitnesses.

28 Jul 2023

The appellant, Bhagwan Ramdas Tupe, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of Vithabai Bajirao Patil by setting...

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