Search Results for "statutory remedy"

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Supreme Court Upholds Penalty of Removal from Medical Register for Three Months ...
Supreme Court Allows Formaldehyde Manufacturing Units to Operate Without Prior E...
Supreme Court Allows Appeals by State and Employee in Service Rule Relaxation Di...
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Search Results for "statutory remedy"

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Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Telecom Service Provider Jurisdiction - Section 7B of Indian Telegraph Act, 1885 Does Not Bar Consumer Forums from Adjudicating Disputes with Private Service Providers Under Consumer Protection Act, 1986.

16 Feb 2022

The civil appeal originated from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 26 May 2016, which affirmed the juris...

Supreme Court

Supreme Court Allows Appeal in Trademark Infringement Case Under Trade Marks Act, 1999. Registered Trademark 'RENAISSANCE' Found Infringed by 'SAI RENAISSANCE' Due to Deceptive Similarity and Transborder Reputation Under Section 29(4).

19 Jan 2022

The appeal arose from a trademark infringement dispute between an appellant-plaintiff, a global hotel chain incorporated in Delaware, USA, and respond...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Allows Appeals of Sarpanch and Member in Maharashtra Village Panchayat Disqualification Case Due to Lack of Appellate Jurisdiction. The Divisional Commissioner Had No Authority to Entertain Appeals Against Collector's Order Rejecting Disqualification Under Section 14B(1) of Maharashtra Village Panchayats Act, 1959, as No Statutory Remedy Exists for Such Rejections.

4 Jan 2022

The dispute arose from elections held in September 2018 for a Village Panchayat in Dhule, Maharashtra, where the appellants were elected as Sarpanch a...

Supreme Court

Supreme Court Allows State's Appeal Against High Court's Quashing of VAT Assessment Orders. High Court Erred in Entertaining Writ Petitions Under Article 226 When Alternative Statutory Remedy of Appeal Was Available to Assessees Under Andhra Pradesh Value Added Tax Act.

3 Jan 2022

The dispute arose from VAT assessment proceedings where the Assessing Officer passed assessment orders for various years against registered dealers. T...

Supreme Court

Supreme Court Allows Appeal in Electricity Duty Case Due to Statutory Interpretation. Levy Under Bihar Electricity Duty Act 1948 Not Applicable as Supply Was to Licensee, Not Consumer as Defined Under Sections 2(b) and 2(ee).

24 Sep 2021

The appeal arose from a judgment of the Patna High Court dated 18 September 2017, which declined to entertain a writ petition filed by the appellant, ...

Supreme Court

Supreme Court Sets Aside High Court Order in GST Case Due to Availability of Statutory Alternative Remedy. High Court Erred in Entertaining Writ Petition Under Article 226 of Constitution as No Exceptional Circumstances Like Breach of Fundamental Rights or Violation of Natural Justice Were Established, and Respondent Should Have Availed Remedy Under Section 107 of Central Goods and Services Tax Act, 2017.

3 Sep 2021

The dispute arose from a judgment of the High Court of Telangana dated 4 March 2020, which set aside the action of the Assistant Commissioner of State...

Supreme Court

Supreme Court Dismisses Habeas Corpus Petition in Child Custody Dispute Due to Pending Statutory Remedy. Petition Under Article 32 Constitution of India Held Not Maintainable as Custody with Mother Was Not Illegal and Father Had Already Filed Petition Under Guardians and Wards Act, 1890.

28 Jul 2021

The dispute involved a father's petition for habeas corpus under Article 32 of the Constitution of India seeking custody of his two minor children. Th...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Tenancy Dispute, Upholding High Court's Eviction Order. The Court affirmed that tenancy rights in joint Hindu family property cannot be surrendered by the Karta without consent of coparceners, making subsequent lease to appellant illegal under Hindu law principles.

5 Apr 2021

The dispute arose from a tenancy in premises owned by the Bihar State Sunni Wakf Board. The plaintiff filed a suit for declaration as a tenant, claimi...

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