Search Results for "Article 355"

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Karnataka High Court Dismisses Petitioner's Claim for Compassionate Appointment Due to 15-Year Delay. Unexplained delay and lack of bona fides defeat the purpose of compassionate appointment, which is to provide immediate financial relief.

The petitioner, Smt. Veena, filed a writ petition under Articles 226 and 227 of the Constitution of India, challenging an endorsement dated 07.05.2022...

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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.

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...

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Supreme Court Declares Marriage Invalid Due to Absence of Requisite Ceremonies Under Section 7 of Hindu Marriage Act, 1955. Parties Obtained Marriage Certificates Without Performing Saptapadi or Other Rites, Rendering Certificates Null and Void.

The Supreme Court dealt with a transfer petition filed by the wife seeking transfer of a divorce petition from Muzaffarpur, Bihar to Ranchi, Jharkhand...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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Supreme Court Allows Appeal in Civil Procedure Case — Suit Must Proceed De Novo After Plaint Returned for Lack of Jurisdiction. Exclusive Jurisdiction Clause in Agreement Ousts Jurisdiction of Gurgaon Court, Rendering Proceedings Void Ab Initio Under Order VII Rule 10 CPC.

The Supreme Court considered a reference arising from a suit for recovery filed by the respondent against the appellant based on a franchise agreement...

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Bombay High Court Dismisses Writ Petition Seeking CBI Investigation into ONGC Officials for Alleged Corruption. Court holds that writ petition under Article 226 is not maintainable for private disputes and that the petitioner failed to establish any legal right or public duty.

The petitioner, Vijay Kumar Prasad, an employee of Oil and Natural Gas Corporation Ltd (ONGC), filed a writ petition under Article 226 of the Constitu...

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Bombay High Court Allows Writ Petitions Challenging Indefinite Curfew Imposed Due to Burial Dispute in Mominpura Area. Court holds that curfew under Section 144 CrPC cannot be used as a permanent measure and must be proportionate to the threat.

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench. The petit...