Search Results for "procedural delay"

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Supreme Court Advisory Opinion Addresses Scope of Governor's and President's Powers Over State Legislation under Articles 200 and 201. Presidential Reference Seeks Clarity on Constitutional Discretion, Time Limits, and Justiciability in Light of Conflicting Judgments.

The President of India, exercising powers under Article 143(1) of the Constitution, referred fourteen questions to the Supreme Court on 13th May 2025,...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

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Karnataka High Court Dismisses Bail Petitions and Refers Questions on POCSO Act to Division Bench. Single Judge observes conflicting views on Section 35 compliance and refers issues regarding default bail and evidence recording under Section 164 Cr.P.C., doubting Vinay v. State of Karnataka.

The case involved two criminal petitions filed before the Karnataka High Court by the accused, Hanumantha Mogaveera, seeking bail under Section 439 of...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Rejection of Condonation of Delay. Delay of 1 Year and 8 Months in Filing Appeal Not Sufficiently Explained; Court Finds No Sufficient Cause to Interfere with Impugned Order.

The appellant, Amar Singh Thakur, filed a Second Appeal before the Bombay High Court, Nagpur Bench, challenging the order dated 28.1.2008 passed by th...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...