Search Results for "Prospective Effect"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "Prospective Effect"

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Supreme Court

Supreme Court Dismissed Appeals Seeking Quashing of FIRs Based on Procedural Lapse – Affirmed Prospective Application of Affidavit Requirement in Section 156(3) CrPC Complaints

27 Feb 2025

a) Judicial decisions are presumed retrospective unless stated otherwise; however, procedural safeguards can be prospective to avoid undue hardship (P...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Former Chief Minister in Corruption Case Due to Non-Compliance with Statutory Pre-Condition. Investigation under Prevention of Corruption Act, 1988 was invalid as prior approval under Section 17A was not obtained, rendering the FIR and remand order liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.

16 Jan 2024

The dispute involved a former Chief Minister of Andhra Pradesh challenging criminal proceedings initiated against him by the State CID for alleged off...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Block Assessment Case on Levy of Interest and Surcharge. Interest under Section 158BFA(1) of Income Tax Act, 1961 upheld for belated filing of block period return despite notice issued under Section 158BD prior to amendment, as provision inherently incorporates Section 158BC procedure.

13 Jan 2023

The Supreme Court addressed a group of appeals concerning the levy of interest under Section 158BFA(1) and surcharge under Section 113 of the Income T...

Supreme Court

Supreme Court Upholds NGT Order Quashing Environmental Clearance for Peripheral Ring Road Due to Stale EIA Data. Primary Data Collected Over Three Years Before Submission Invalidates Clearance Under EIA Notification 2006.

17 Mar 2020

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the B...

Supreme Court

Supreme Court Allows Appeal Against Interim Compensation Order Under Section 143A NI Act for Pre-Amendment Offences. Section 143A of the Negotiable Instruments Act, 1881, is Prospective and Cannot Apply to Complaints Filed Before Its Insertion on 1 September 2018.

1 Jul 2019

The case arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed in 2016 against the appellant G.J. Raja by the respon...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

High Court

High Court Dismisses Writ Petitions Challenging DRAT Order Allowing Bank to Sell Secured Assets Despite Company Being in Liquidation. SARFAESI Act Proceedings Held Not Barred by Companies Act Winding Up Provisions; Secured Creditor's Right to Enforce Security Interest Prevails.

5 Oct 2018

The petitioners, Capt. G.R. Gopinath and M/s Deccan Emerging Business Ventures Limited, challenged the order dated 06.01.2017 passed by the Debt Recov...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRT Orders in Debt Recovery Proceedings Against Dr. Vijay Mallya. Court upholds the jurisdiction of the Debt Recovery Tribunal to proceed with recovery actions under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, rejecting the petitioner's challenge based on pending criminal proceedings and alleged lack of territorial jurisdiction.

5 Oct 2018

The judgment concerns two writ petitions filed by Dr. Vijay Mallya challenging orders passed by the Debt Recovery Tribunal (DRT) in recovery proceedin...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

High Court

Bombay High Court Allows Revision Application in Negotiable Instruments Act Case - Holds Amended Provisions Apply Retrospectively to Pending Complaints. The court ruled that procedural amendments under the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 apply to all pending complaints under Section 138 of the Negotiable Instruments Act, 1881, regardless of the date of filing.

21 Sep 2005

The case involves a Criminal Revision Application filed by M/s. Indraprastha Holdings Ltd., the complainant in a complaint under Section 138 of the Ne...

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