Search Results for "Functus Officio"

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Supreme Court Allows Appeals Against High Court Orders in Temple Administration Dispute — Appoints Retired Judge as Administrator to Conduct Elections Pending Scheme Framing. High Court's Post-Disposal Order Removing Elected Committee Set Aside as Court Became Functus Officio.

The appellants, claiming to be the elected Secretary and President of the Executive Committee of Oachira Parabrahma Temple in Kerala, challenged two o...

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Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

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Supreme Court Sets Aside Ante-Dated High Court Order for Breach of Judicial Discipline. Oral Dismissal Without Reserving Reasons Renders Court Functus Officio; Subsequent Reasoned Order After Over a Year is Invalid.

The Supreme Court dealt with a civil appeal arising from an order of the Gujarat High Court dated 1st March 2023, which dismissed a Special Civil Appl...

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Supreme Court Dismisses Appeal Against High Court's Finding of Waiver of Right to Object to Time Extension in Arbitration Proceedings. Held that Participation in Proceedings Without Insisting on Time Limit Constitutes Waiver of Right to Object to Extension of Time.

The appeal arises from a dispute between partners of a partnership firm (appellants) and a company (respondent) regarding an arbitration agreement dat...

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Supreme Court Allows Execution of Specific Performance Decree Despite Delay in Deposit of Balance Sale Consideration. Doctrine of Merger Applies When Appellate Court Confirms Trial Court Decree Without Modifying Time Limit.

The appellant, Surinder Pal Soni, filed a suit for specific performance of an agreement to sell dated 8 December 2003 for agricultural land in Panchku...

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Supreme Court Allows Appeal Against Order for Further Investigation After Discharge of Accused. Magistrate Becomes Functus Officio After Discharge and Cannot Order Further Investigation Under Section 173(8) CrPC.

The appellant, Bikash Ranjan Rout, was the original accused in FIR No. 426/2007 registered at Police Station Janakpuri, Delhi for offences under Secti...

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Bombay High Court Upholds Setting Aside of Arbitral Award for Being Beyond Stipulated Time — Arbitration Clause Mandates Award Within Four Months of Entering Reference, Failure Renders Award Void.

The appeal arose from an order of a learned single Judge of the Bombay High Court setting aside an arbitral award dated 17th August 2006 on the ground...