Search Results for "equitable order"

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Bombay High Court Dismisses Writ Petition Challenging CESTAT Order Rejecting Recall of Fraud Finding in CENVAT Credit Case. Court holds that CESTAT's finding of mis-statement and fraud was not a reviewable error and that the Tribunal had inherent power to impose costs for abuse of process.

The petitioner, Essel Propack Limited, a company engaged in manufacturing plastic tubes, filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Dismisses Writ Petitions Challenging Coastal Zone Violation Orders Due to Alternative Remedy Under NGT Act. Petitioners failed to establish pre-1991 construction and could not bypass statutory appeal under Section 22 of the National Green Tribunal Act, 2010.

The judgment concerns two writ petitions filed by Prasad Naik and Rosalina de Souza against orders of the Goa Coastal Zone Management Authority (GCZMA...

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Bombay High Court Allows Appeal in Trust Scheme Matter Due to Violation of Natural Justice - ACC Failed to Verify Service of Notice on Existing Trustees Before Framing New Scheme Under Section 50A of Maharashtra Public Trusts Act, 1950.

The appeal arose from an order of the Assistant Charity Commissioner (ACC) dated 29 May 2009 framing a new scheme for the management of the Shikshan P...

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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Limitation and Unenforceable Agreement. Agreement for Sale of compensation pool property held to be contingent on uncertain event of conveyance deed issuance, and suit filed beyond reasonable time barred by limitation.

The appellant, original plaintiff, filed a suit for specific performance of an Agreement for Sale dated 19/01/2010 for a compensation pool property in...

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Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

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High Court of Karnataka Dismisses Appeal Against Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favor of Plaintiff. Agreement to Sell and Part Payment Established, Injunction to Prevent Alienation Upheld Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order dated 12.02.2025 passed by the Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, allowing I.A. Nos...

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Supreme Court Dismisses Petition in Contempt Case Due to Suppression of Material Facts. Litigant Found Guilty of Attempting to Pollute Stream of Justice by Concealing Facts and Filing Fabricated Documents, Not Entitled to Relief Under Tainted Hands Doctrine.

The Supreme Court addressed a case involving a litigant's attempt to pollute the administration of justice through suppression of material facts. The ...