Search Results for "enabling proviso"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "enabling proviso"

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High Court

Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

17 Oct 2024

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

Supreme Court

Supreme Court Allows Appeals Against Rajasthan High Court's Decision to Fix Minimum Cut-Off Marks After Examination in Translator Recruitment. Fixing 75% Cut-Off After Examination Held Impermissible as It Alters Selection Procedure Mid-Process Under Articles 14 and 16 of the Constitution.

7 Nov 2024

The case arose from a recruitment process initiated by the Rajasthan High Court in 2009 for 13 posts of Translators. The applicable rules, as amended ...

Supreme Court

Supreme Court Allows Appeal in Part and Refers Question of Law to Larger Bench in MSMED Act Dispute. Registration Under Section 8 of MSMED Act, 2006 Not a Precondition for Reference Under Section 18, but Issue Requires Authoritative Determination by Three-Judge Bench.

1 Jan 2025

The Supreme Court of India heard an appeal by NBCC (India) Ltd. against the State of West Bengal and others, concerning a dispute with M/s Saket Infra...

Supreme Court

Supreme Court Allows Appellant in SEBI PFUTP Regulations Case Due to Non-Disclosure of Investigation Report. The Court Held That the Investigation Report Under Regulation 9 Must Be Disclosed to Ensure a Fair Hearing Under Principles of Natural Justice, as It Forms the Basis for the Show Cause Notice.

18 Feb 2022

The dispute arose from a show cause notice issued by SEBI to the appellant, alleging violations of the SEBI (Prohibition of Fraudulent and Unfair Trad...

Supreme Court

Supreme Court Refers to Larger Bench the Question Whether Mere Membership of a Banned Organization is Punishable Under Section 10 of UAPA, 1967 — Earlier Decisions in Arup Bhuyan and Raneef Holding That Mere Membership Does Not Incriminate Without Violence or Incitement Are Reconsidered as Union of India Was Not Heard.

24 Mar 2023

This judgment arises from a reference to a larger Bench of the Supreme Court of India, questioning the correctness of the decisions in Arup Bhuyan v. ...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Directs Winding Up of Mutual Fund Schemes and Interprets SEBI Regulations. The Court examined the interrelation and constitutional validity of Regulations 39 to 42 with Regulation 18(15)(c) of the SEBI (Mutual Funds) Regulations, 1996, while deferring final adjudication pending statutory proceedings under the SEBI Act, 1992.

14 Jul 2021

The Supreme Court of India addressed civil appeals concerning the interpretation and application of the Securities and Exchange Board of India (Mutual...

Supreme Court

Supreme Court Examines Remission Policies Under Article 161 and CrPC in State Appeal. The Court held that constitutional remission powers under Article 161 of the Constitution prevail over statutory policies under Section 432 of the Code of Criminal Procedure, 1973, and policies are statutory rules under the Prisons Act, 1894.

3 Aug 2021

The dispute arose from an order by the High Court of Punjab & Haryana regarding State Government policies on granting remission to prisoners. The Stat...

Supreme Court

Supreme Court Dismisses Appeal in Design Infringement Suit Transfer Case — Commercial Court at District Level Competent to Decide Cancellation of Design Under Section 22(4) of Designs Act, 2000. Transfer to High Court Not Mandatory Where High Court Lacks Ordinary Original Civil Jurisdiction.

1 Dec 2020

The present appeal arose from a suit filed by the respondent, M/s. Mold Tek Packaging Ltd., against the appellant, S.D. Containers Indore, seeking a d...

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