Search Results for "equitable considerations"

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Supreme Court Allows Burial of Christian Father in Native Village Graveyard — Right to Dignified Burial Upheld Under Article 21. State Directed to Provide Police Protection Despite Opposition from Villagers.

The appellant, Ramesh Baghel, a third-generation Christian belonging to the Mahra community, sought to bury his deceased father in the village graveya...

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Supreme Court Denies Permanent Alimony to Spouse of Void Marriage Under Hindu Marriage Act. Sections 24 and 25 of the Hindu Marriage Act, 1955 Do Not Apply to Marriages Declared Void Ab Initio Under Section 11.

The Supreme Court of India considered a reference regarding conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 19...

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Bombay High Court Quashes LAO's Apportionment Order in Highway Acquisition — Directs Reference to Civil Court Under Section 19C(4) of Maharashtra Highways Act, 1955. Dispute over compensation apportionment between partnership firm and its individual partners requires adjudication by civil court, not LAO.

The petitioners, Pravin Girish Chamaria and Nishit Bechar Patel, along with respondents 4 and 5 (Dilip Prabhakar Kudalkar and Jagdish Shashikumar Raje...

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Supreme Court Allows Appeals in Urban Land Ceiling Case — Possession Not Validly Taken Under Section 10(6) of ULC Act, 1976. Act of Court Should Not Injure Suitor; Repeal of ULC Act in 2008 Vests Land in Appellant.

The appellant, M/S A.P. Electrical Equipment Corporation (now ECE Industries Limited), owned land in Fatehnagar Village, Rangareddy District, Telangan...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court Upholds Gauhati High Court Decision Striking Down Assam Rural Health Regulatory Authority Act, 2004 for Repugnancy with Indian Medical Council Act, 1956. Diploma in Medicine and Rural Health Care Held to Be a Medical Qualification Requiring Central Permission Under Section 10A of IMC Act.

The case involves appeals against the Gauhati High Court's judgment striking down the Assam Rural Health Regulatory Authority Act, 2004. The Assam Act...

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Supreme Court Dismisses Appeal in Specific Performance Suit Upholding Extension of Time for Deposit. Trial Court's Discretionary Order Under Section 148 CPC and Section 28 Specific Relief Act Upheld as Plaintiff Showed Sufficient Cause for 853-Day Delay Through Illness.

The dispute arose from a civil suit for specific performance of an agreement to sell dated 09.05.2012, where the plaintiff had paid an advance of Rs. ...

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...