Search Results for "Section 49(3)"

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Gujarat High Court Allows Petition Challenging Demolition of Residential Structures Without Notice Under Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 2012. Demolition Without Prior Notice and Hearing Violates Principles of Natural Justice and Article 300A of the Constitution.

The petitioners, Kureshi Irfanbhai Mohammadsharifbhai and others, filed a Special Civil Application under Article 226 of the Constitution of India bef...

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated.

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constit...

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Supreme Court Dismisses State's Appeals, Affirms Refund of Licence Fee and Differential Amount for Period of Unlawful Closure of Distillery Premises. Licensee Entitled to Refund When Premises Sealed Without Opportunity of Hearing, and Suspension Order Passed Without Show-Cause Notice.

The Supreme Court dismissed appeals by the State of Bihar against a Patna High Court judgment directing refund of licence fee and differential amount ...

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Supreme Court Allows Appeals in Adverse Possession Case — Khasra Entries Found Suspicious and Fraudulent. High Court's Reversal of First Appellate Court's Findings Set Aside as Perverse and Without Considering Evidence of Fraud.

The Supreme Court allowed two civil appeals arising from a dispute over adverse possession of agricultural lands in Village Purani Chhabani, Guna, Mad...

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Bombay High Court Dismisses Appeal in Railway Non-Delivery Case Due to Invalid Notice Under Section 106 of Railways Act, 1989. Notice Served Beyond Six-Month Limitation Period and Addressed to Wrong Authority.

The appellant, M/s. Sapna Emporium, filed a first appeal against the judgment and order dated 22-09-1995 passed by the Railway Claims Tribunal, Bombay...

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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Ground Not Raised by Petitioner. Court holds that a party cannot challenge an arbitral award on a ground that only aggrieves the opposite party, who has not challenged the award.

The appeal arose from an order of a learned single Judge on a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the res...

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Bombay High Court Allows Revenue Appeal in Income Tax Case on Lease Rental Deduction for Idle Machinery. Business decision to keep dozers idle and pay lease rentals without use held not allowable as expenditure under Section 37(1) of Income Tax Act, 1961.

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) which had allowed the assessee's claim for deduction of lease renta...