Search Results for "statutory rule prevails"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "statutory rule prevails"

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High Court

Bombay High Court Allows Writ Petition Directing Registration of BIFR Orders Under Registration Act, 1908 for Property Transfer by Operation of Law. BIFR orders sanctioning a scheme of revival-cum-demerger under SICA Act are documents affecting immovable property and require registration under Section 17(1)(b) of the Registration Act, 1908; refusal to register on ground of non-exemption is not justified.

6 May 2026

The Petitioner, Swayam Realtors & Traders LLP, originally a company under the Companies Act, 1956 and later converted into an LLP under the Limited Li...

Supreme Court

Supreme Court Allows Appeal of Employees in Cooperative Society Recruitment Case — Procedural Defects Not Attributable to Employees Cannot Invalidate Appointments After Long Service. The court held that appointments made pursuant to a public advertisement and approval by the Registrar, though allegedly in violation of amended Rule 3 of the Primary Cooperative Marketing Societies Rules under the Haryana Cooperative Societies Act, 1984, are not void ab initio and cannot be annulled after long unblemished service.

1 Jan 2026

The present appeal arises from a judgment of the Division Bench of the Punjab and Haryana High Court affirming the annulment of appointments of the ap...

Supreme Court

Supreme Court Allows Appeal in Land Acquisition Compensation Case — Directs Shifting of Date for Determining Market Value Due to Inordinate Delay. Compensation to be Determined as on Date of Award Instead of Preliminary Notification Under Section 28 of KIAD Act, 1966.

2 Jan 2025

The appellants, Bernard Francis Joseph Vaz and others, purchased residential sites in Gottigere Village, Bengaluru between 1995 and 1997. On 3rd April...

Supreme Court

Supreme Court Dismisses Developer's Appeal in Slum Rehabilitation Project Due to Unconscionable Delay. The Court upheld the termination of the development agreement under Section 13 of the Maharashtra Slum Areas Act, 1971, emphasizing that the right to shelter under Article 21 cannot be held hostage by a developer's inaction.

30 Jul 2024

The present appeal arises from a dispute concerning a slum rehabilitation project in Borivali, Mumbai, under the Maharashtra Slum Areas (Improvement, ...

Supreme Court

Supreme Court Dismisses Appellant in Insolvency Appeal Due to Statutory Limitation Bar. The Court upheld the NCLAT's refusal to condone a 44-day delay in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, ruling that Article 142 of the Constitution cannot override specific statutory time limits.

14 Sep 2021

The dispute arose from insolvency proceedings initiated by the State Bank of India against Dunar Foods Limited under Section 7 of the Insolvency and B...

High Court

Bombay High Court Allows Writ Petition Against DIC and Sales Tax Department for Refusing Transfer of Property Purchased in SARFAESI Auction — Auction Purchaser Not Liable for Previous Owner's Sales Tax Dues. The court held that the auction purchaser under the SARFAESI Act acquires clear title free from prior encumbrances, and the DIC cannot insist on NOC from Sales Tax for transfer of property.

18 Feb 2021

The petitioner, Medineutrina Pvt. Ltd., purchased an immovable property (plot no.206, MIDC, Butibori, Nagpur) in an auction conducted by Punjab Nation...

Supreme Court

Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

18 Feb 2019

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

High Court

Bombay High Court Dismisses Wife's Application to Dismiss Husband's Appeal as Time-Barred in Matrimonial Dispute — Limitation Period for Appeal Under Hindu Marriage Act is 90 Days, Not 30 Days Under Family Courts Act. Section 28(4) of Hindu Marriage Act, 1955, being a special provision, prevails over Section 19(3) of Family Courts Act, 1984, and the appeal filed within 90 days is maintainable.

17 Dec 2014

The case involves a civil application filed by the wife (applicant) seeking dismissal of the husband's appeal on the ground of limitation. The parties...

High Court

High Court of Bombay Dismisses ONGC's Challenge to Arbitral Award in Vessel Maintenance Contract Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be in Conflict with Public Policy or Patent Illegality. The court upheld the arbitral tribunal's interpretation that the respondent was not liable for pre-existing HOTO defects, as the contract did not impose such liability.

18 Oct 2010

The petitioner, Oil & Natural Gas Corpn. Ltd. (ONGC), challenged an arbitral award dated 2nd April, 2008 under Section 34 of the Arbitration and Conci...

High Court

Bombay High Court Allows Tenants' Petition in Rent Dispute Under Bombay Tenancy Act — Overriding Effect of Section 11 on Maximum Rent Prevails Over Section 13(3)(a). The court held that the non obstante clause in Section 11 of the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958 overrides Section 13(3)(a), and rent cannot exceed three or four times the land revenue.

23 Jun 2010

The petitioners, tenants on agricultural land owned by Smt. Bhimabai, filed a writ petition challenging the fixation of rent. The controversy centered...

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