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Supreme Court Allows Appeal and Remands Eviction Case to High Court for Fresh Disposal Due to Unreasoned Order. High Court's Dismissal of Writ Petition Set Aside for Lack of Discussion and Reasons, Emphasizing Requirement of Reasoned Orders.

The appellant, Kushuma Devi, filed an eviction petition against the respondents, which was decreed by the Civil Judge on 19.04.1996. The respondents a...

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Supreme Court Remands Pension Case to High Court for Lack of Reasoning in Order. State's Appeal Allowed as High Court Failed to Assign Reasons for Granting Pensionary Benefits to Retired Employee.

The State of Orissa appealed against the High Court's order directing it to treat the respondent, a retired employee, as a regular employee and grant ...

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Supreme Court Upholds Validity of Pre-deposit Condition Under Punjab VAT Act. Condition of 25% Pre-deposit for First Appeal Held Not Unconstitutional, but Appellate Authority Has Inherent Power to Grant Interim Relief.

The Supreme Court considered a batch of appeals challenging the judgment of the Punjab and Haryana High Court which upheld the validity of Section 62(...

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Bombay High Court Quashes IBBI Circular as Ultra Vires in Insolvency Professional Regulation — Circular Purporting to Clarify Regulation 4(2)(b) of LP Regulations Held to Be an Impermissible Retrospective Amendment.

The petitioner, Amit Gupta, a chartered accountant and registered insolvency professional, challenged a circular dated 28 September 2023 issued by the...

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Bombay High Court Allows Petition Challenging Striking Out of Defence in Suit for Specific Performance. Defence of Defendant No.2 Restored as Trial Court's Discretion to Strike Out Defence Under Order 39 Rule 2A CPC Requires Willful Disobedience of Injunction Order.

The Petitioner, Sanjay Thakkar, was Defendant No.2 in Special Civil Suit No.144 of 2016 filed by Respondent No.1, Bhojja Shantu Shetty, for enforcemen...

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Bombay High Court Dismisses Petition Challenging DRAT Order Rejecting Condonation of 856-Day Delay in Filing Appeal Against Decree on Admission. Petitioner's Withdrawal of Timely Appeal and Subsequent Delay Not Justified as Sufficient Cause Under Section 5 of Limitation Act, 1963.

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition challenging the order dated 9 November 2022 passed by the Debt R...