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Search Results for "Civil Appeal"

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Supreme Court

Supreme Court Dismisses Challenge to Delhi Land Reforms Act Section 50(a) - Upholds Constitutional Validity and Succession Rules for Agricultural Land. The Court held that Section 50(a) of the Delhi Land Reforms Act, 1954 is protected under Article 31B of the Constitution due to its inclusion in the Ninth Schedule before 1973, and no repugnancy exists with the Hindu Succession Act, 1956 as they operate in different legislative fields under State and Concurrent Lists.

20 Sep 2022

The Supreme Court of India dismissed a civil appeal challenging the constitutional validity of Section 50(a) of the Delhi Land Reforms Act, 1954. The ...

Supreme Court

Supreme Court Refers Conflict on Taxability of Tobacco Products to Constitution Bench for Clarification on Precedent Doctrine. Dispute Involves Whether Pan Masala Containing Tobacco Covered Under Additional Duties of Excise Act, 1957 is Exempt from State Sales Tax Under Various State Enactments.

19 Sep 2022

The Supreme Court considered a batch of appeals concerning the taxability of pan masala containing tobacco and gutka under various State sales tax act...

Supreme Court

Supreme Court Dismisses University's Appeal in Medical Admission Quota Dispute, Upholding High Court's Merit-Based Redirection. Admission of lower-merit students from management quota to state quota seats in mop-up round was invalid as it ignored a higher-merit applicant, violating the admission prospectus clauses and merit principles.

19 Sep 2022

The appeal arose from a judgment of the High Court of Himachal Pradesh dated 2 August 2022, which allowed a writ petition filed by the first responden...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Limitation Dispute, Upholding NCLAT's Remand for Admission After Notice. The Court held that limitation for applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code, 2016 runs from the date of default, not the Code's enforcement, and delay can be condoned under Section 5 of the Limitation Act, 1963 upon showing sufficient cause.

19 Sep 2022

The appeal arose from a dispute between M/s Tech Sharp Engineers Pvt. Ltd. (appellant/corporate debtor) and Sanghvi Movers Limited (respondent/operati...

Supreme Court

Supreme Court Partly Allows Claimants' Appeal in Motor Accident Compensation Case - Enhances Compensation for Loss of Dependency. Future Prospects of 25% Added to Deceased's Income Before Calculating Loss of Dependency Under Motor Vehicles Act, 1988 to Ensure Just Compensation.

19 Sep 2022

The dispute arose from a motor accident claim filed by the widow and dependent children of a mason who died in a vehicular accident on January 22, 200...

Supreme Court

Supreme Court Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

Supreme Court

Supreme Court Allows Plaintiffs' Appeal Against Impleadment of Subsequent Purchasers as Defendants in Civil Suit - Sets Aside High Court and Trial Court Orders. Court Held That Plaintiffs Are Dominus Litis and Cannot Be Compelled to Implead Defendants Against Their Wish Under Order 1 Rule 10 CPC, Though Non-Impleadment Is at Plaintiffs' Risk Regarding Counter-Claim.

16 Sep 2022

The Supreme Court heard a civil appeal arising from a property dispute where the appellants (original plaintiffs) had filed Civil Suit No. 298/2011 fo...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Builder for Refund of Consideration Due to Premature Filing and Lack of Deficiency Proof. Complaint Filed Before Expiry of Contractual Grace Period Under Allotment Terms, and Appellants Failed to Establish Incomplete Work or Delay in Possession Offer.

16 Sep 2022

The dispute arose from a consumer complaint filed by the appellants against the respondent-company, a builder, alleging deficiency in service due to d...

Supreme Court

Supreme Court Allows Appeal in Stamp Duty Dispute Over Agreement to Sell. The court quashed orders directing payment of deficient stamp duty under Entry No. 5 of Schedule 1-A of the Indian Stamp Act, 1899 as amended by the State of Punjab, holding that possession was not delivered under the agreements as per recitals.

16 Sep 2022

The dispute arose from a civil suit for specific performance of a Memorandum of Agreement dated 24.02.1996 and an agreement to sell dated 14.05.2011 c...

Supreme Court

Supreme Court Partly Allows Appeal in Motor Accident Compensation Case, Enhancing Award for Injured Claimant. The court increased compensation for future economic loss and pain and suffering, holding that the High Court's assumptions on employment duration were unsupported and the award was inadequate given the severity of injuries under the Motor Vehicles Act, 1988.

16 Sep 2022

The dispute arose from a motor accident on 02.01.1997, where the appellant, a Merchant Navy employee, sustained severe injuries including amputation o...

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