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 Allows Appeal in Stamp Duty Valuation Case — Market Value Determined Based on Agreement to Sell Prior to Freehold Conversion. The Court held that the market value of property for stamp duty purposes must be determined as on the date of the agreement to sell, not the sale deed, where the agreement was prior to conversion from leasehold to freehold.

25 Apr 2023

The dispute in this appeal involved the determination of the market value of a property at Allahabad purchased by the appellants under a registered sa...

Supreme Court

Supreme Court Allows Appeal in Wakf Property Dispute — Suit Land Declared Wakf Property Based on Historical Evidence of Use as Burial Ground. High Court Erred in Reversing Single Judge's Finding That Land Was Wakf Property Under Wakf Act, 1995.

18 May 2023

The appeals arise from a judgment of the Madras High Court which set aside the decree of the Single Judge declaring the suit land as wakf property. Th...

Supreme Court

Supreme Court Allows Appeal in National Highway Acquisition Compensation Case — District Magistrate Cannot Review SLAO Award Under Section 3G(5) of National Highways Act, 1956. The power under Section 3G(5) is limited to correction of errors apparent on record and cannot be used to re-determine compensation or review the award on merits.

1 Jan 2023

The appeal arose from a land acquisition proceeding under the National Highways Act, 1956 for widening National Highway No. 29 in District Mau, Uttar ...

Supreme Court

Supreme Court Allows State Appeal in Service Matter Due to Inordinate Delay and Laches — Respondent's Claim for Reinstatement After 33 Years Rejected as Stale and Barred by Limitation. The Court held that repeated representations do not revive a stale cause of action and that the respondent abandoned her employment by not asserting her rights within a reasonable time.

7 Dec 2022

The State of Uttar Pradesh and its education authorities appealed against a judgment of the Allahabad High Court (Lucknow Bench) which declared that t...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

1 Sep 2023

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Allows Appeal in Land Auction Dispute, Reversing High Court's Declaration of Auction as Null and Void. Dispute Involved Title to Land Under Urban Land (Ceiling and Regulation) Act, 1976 and Validity of Auction by Development Authority, with Trial Court Upholding Auction and High Court Overturning It.

5 Aug 2021

The appeal arose from a judgment of the High Court of Judicature at Allahabad, which allowed a first appeal under Section 96 of the Code of Civil Proc...

Supreme Court

Supreme Court Dismisses Transfer Petition in Divorce Case, Imposes Cost Condition for Wife's Expenses. Transfer Under Section 25 CPC Denied as Interest of Justice Favors Original Venue, with Husband Directed to Pay Rs.10,000 Per Hearing for Travel and Accommodation and Case to be Decided Within One Year.

4 Oct 2021

The dispute arose from a transfer petition filed by the wife seeking to relocate divorce proceedings initiated by the husband. The husband had filed a...

Supreme Court

Supreme Court Dismisses Appeals of Generating Company and State Utility in Electricity Tariff Dispute. Deemed Generation Incentive Not Payable After 1995 Notification; Supplementary Agreement Bars Retrospective Interest on Deemed Loan.

6 May 2020

The Supreme Court dismissed two appeals arising from a common order of the Appellate Tribunal for Electricity (APTEL) concerning a power purchase agre...

Supreme Court

Supreme Court Sets Aside Condonation of 1011 Days Delay in Filing Second Appeal — Gross Negligence and Lack of Sufficient Cause. Limitation Act Section 5 Requires Sufficient Cause for Entire Period of Delay; Unexplained Delay Cannot Be Condoned.

3 Dec 2021

The appellant, original plaintiff, filed a civil suit for permanent injunction which was dismissed by the Trial Court on 23.04.2016. The First Appella...

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