Search Results for "mandatory obligation"

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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 "mandatory obligation"

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Supreme Court

Supreme Court Allows Appeal in Arbitration Case, Clarifying Jurisdiction Requirements Under Arbitration and Conciliation Act, 1996. The Court Held That Service of Section 21 Notice and Inclusion in Section 11 Application Are Not Prerequisites for Arbitral Tribunal to Exercise Jurisdiction Over a Person, and Impleadment is Based on Being Party to Arbitration Agreement.

17 Apr 2025

The dispute arose from an agreement dated 01.06.2012 between the appellant and respondent no. 1 to form a Limited Liability Partnership (respondent no...

Supreme Court

Supreme Court Allows Defendant in Commercial Suit to File Written Statement Despite Expiry of 120-Day Limit Due to COVID-19 Disruptions. Time Limit Under Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 as Substituted by Commercial Courts Act, 2015 Extended Considering Orders in Suo Motu Writ Petition (Civil) No. 3 of 2020 and Administrative Curtailment of Court Functioning.

14 Feb 2022

The dispute arose from a commercial suit filed by the plaintiff-respondent against the defendant-appellant for recovery of Rs. 3,73,24,821/- with inte...

Supreme Court

Supreme Court Reopens Death Penalty Review Petition for Open Court Hearing Following Constitutional Bench Precedent. The Court recalled an earlier dismissal by circulation and ordered an open court hearing based on Mohd. Arif v Registrar, Supreme Court of India, 2014 (9) SCC 737, which mandates oral hearings in death penalty review cases due to the irreversible nature of the penalty.

21 Mar 2023

The judgment involves a convict on death row who filed a review petition seeking a fresh look at his conviction for murder and death sentence, based o...

Supreme Court

Supreme Court Dismisses Guarantors' Appeals in SARFAESI Act Enforcement Case, Upholding Sale of Mortgaged Properties. The Court held that multiple litigations by guarantors constitute abuse of process and cannot defeat the expeditious recovery mechanism under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

23 Sep 2021

The Supreme Court of India dealt with civil appeals arising from special leave petitions challenging a common judgment of the Madras High Court. The d...

Supreme Court

Supreme Court Remands Second Appeal for Non-Compliance with Section 100 CPC — High Court Failed to Frame Substantial Question of Law at Admission Stage. The Court held that framing substantial questions of law for the first time in the final judgment violates the mandatory procedure under Section 100(4) of the Code of Civil Procedure, 1908, and remanded the case for fresh disposal.

7 May 2019

The appellant, a temple (Arulmighu Nellukadai Mariamman Tirukkoil), filed a civil suit for eviction of the respondent (Tamilarasi) from suit property....

High Court

Bombay High Court Allows Teachers' Petitions for Salary Revision Under 7th Pay Commission — Directs State to Treat Petitioners as Government Aided School Teachers for Pay Fixation. Teachers in Private Aided Schools Entitled to Same Pay Scales as Government School Teachers Under Article 14 and Maharashtra Employees of Private Schools Act.

11 Sep 2025

The Bombay High Court disposed of two writ petitions filed by teachers Sagar Dattatray Chorghe and Sangeeta Ramchandra Salunke, who were employed in p...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Non-Compliance with Mandatory Provisions. Failure to Join Independent Panch Witnesses and Non-Examination of Material Witnesses Renders Prosecution Case Doubtful.

13 Oct 2020

The State of Maharashtra filed an appeal against the judgment and order of acquittal dated 7th May, 1997 passed by the learned Special Judge, Greater ...

High Court

Bombay High Court Allows Reinstatement of Head Accountant in Service Dispute Due to Procedural Violations in Domestic Inquiry. The court set aside the removal order as the inquiry was conducted ex-parte without reasonable opportunity, violating principles of natural justice under the Industrial Employment (Standing Orders) Act, 1946.

7 Jul 2010

The petitioner, Vijay Shamrao Bhale, was employed as Head Accountant with Godavari Garments Ltd. (respondent No. 1). A departmental inquiry was initia...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Penalty Case. Journal Entry Set-off for Loan Repayment Does Not Violate Section 269T of Income Tax Act, 1961, as It Is Not a Repayment but an Adjustment of Mutual Claims.

12 Jun 2012

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which deleted the penalty ...

High Court

Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

20 Jan 2006

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

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