Search Results for "Supreme Court discretionary power"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Supreme Court discretionary power"

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High Court

Madras High Court Allows Writ Appeal Against District Registrar's Order Cancelling Registered Settlement Deeds — Fraudulent Collusion and Abuse of Process Established. Court sets aside cancellation of settlement deeds executed by daughters in favour of father, holding that the District Registrar lacked jurisdiction to cancel registered documents under the Registration Act, 1908.

6 Jan 2025

The case involves a writ appeal filed by K. Ratnam against an order of the learned Single Judge dated 07.12.2018 dismissing his writ petition. The app...

Supreme Court

Supreme Court Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

20 Aug 2019

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

19 Jun 2019

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

High Court

High Court Allows Writ Petitions by Bank and Auction Purchaser, Quashing DRT Order Setting Aside Auction Sale. DRT Exceeded Jurisdiction by Granting Final Relief in Interim Application Under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Despite Valid Auction Compliance with Rules.

24 Mar 2026

The dispute arose from an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT) setting aside an auction sale conducted by HDFC Bank Limited an...

Supreme Court

Supreme Court Dismisses SLP Against High Court's Refusal to Condon 5659-Day Delay in Land Acquisition Appeal — Delay Not Explained with Sufficient Cause, Limitation Act Sections 3 and 5 Balanced.

16 Apr 2024

The case arises from the acquisition of land in Gandluru village, Guntur district, Andhra Pradesh, in 1989 for the Telugu Ganga Project. Dissatisfied ...

High Court

Bombay High Court Quashes Conviction Under Section 307 IPC in Matrimonial Dispute Following Settlement — Power Under Section 482 CrPC Exercised to Secure Ends of Justice. The Court held that where the offence arises out of a matrimonial dispute and the parties have genuinely settled, the High Court may quash proceedings even for non-compoundable offences to prevent abuse of process and secure the ends of justice.

30 Mar 2016

The applicant, Ashwini @ Rani Youraj Akurde, was convicted by the Assistant Sessions Judge, Kolhapur on 2nd June 2012 for the offence punishable under...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

High Court

Bombay High Court at Goa Upholds Panchayat Election Schedule During COVID-19 Pandemic — State Election Commission's Power to Conduct Elections Under Article 243K and Goa Panchayati Raj Act, 1994 Upheld. The court held that the election schedule was not arbitrary and that the Commission had taken adequate safety measures, dismissing petitions challenging the schedule.

11 Dec 2020

The petitioners, who were candidates or intending candidates for the Goa Panchayat elections, challenged the election schedule notified by the Goa Sta...

High Court

Gujarat High Court Condoned 6110 Days Delay in Filing Application to Set Aside Abatement and Bring Legal Heirs in Second Appeal — Sufficient Cause Shown for Death of Original Appellant and Continuous Litigation. The court held that the term 'sufficient cause' under Section 5 of the Limitation Act, 1963 should be liberally construed to advance substantial justice, and condoned the delay subject to costs.

11 Feb 2026

The present judgment arises from a Second Appeal No. 17 of 2003 pending before the Gujarat High Court. The original appellant, Vira Meru Jotwa, had fi...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

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