Search Results for "Substantial Question of Law"

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Search Results for "Substantial Question of Law"

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Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

Supreme Court

Supreme Court Allows State's Appeal in Land Acquisition Suit, Restores Dismissal on Limitation Grounds. Suit for Declaration and Compensation Barred by Limitation Under Articles 58 and 72 of Limitation Act, 1963 as Cause of Action Arose in 1987 and Suit Filed in 2003.

24 Feb 2023

The dispute involved a suit filed by the plaintiff against the State of Himachal Pradesh and others seeking declaration, mandatory injunction, and com...

Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

Supreme Court

Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

3 Jan 2023

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

Supreme Court

Supreme Court Allows Unmarried Woman's Appeal for Pregnancy Termination Under Medical Termination of Pregnancy Act, 1971 - Interprets Rule 3B to Include Unmarried Women for Termination Up to Twenty-Four Weeks Based on Injury to Mental Health. The Court held that exclusion of unmarried women from Rule 3B violates Article 14 and that reproductive autonomy under Article 21 extends to all women, requiring purposive interpretation of the Act.

29 Sep 2022

The appeal arose from a judgment of the Delhi High Court dated 15 July 2022, where the appellant, an unmarried woman, sought permission to terminate h...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

Supreme Court

Supreme Court Dismisses Appeal in National Green Tribunal Case on Bio-Medical Waste Treatment Facility - Upholds Ex Post Facto Environmental Clearance Notification Under Environment (Protection) Act, 1986. The court affirmed the validity of Notification S.O. 804(E) dated 14 March 2017, which permits regularization of projects commenced without prior environmental clearance, subject to compliance with norms and assessment by expert committees.

22 Sep 2022

The appeal arose from a final order dated 10 May 2017 by the National Green Tribunal, Southern Zone, Chennai, which dismissed Application No.169 of 20...

Supreme Court

Supreme Court Reverses High Court Decree for Specific Performance in Property Sale Agreement Dispute. The Court held that specific performance cannot be granted for contracts dependent on third-party actions and that the High Court erred in not properly framing substantial questions of law under Section 100 of the Code of Civil Procedure, 1908.

13 Sep 2022

The dispute arose from a suit for specific performance of an agreement of sale dated 19.06.1993 concerning immovable property. The respondent-plaintif...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

Supreme Court

Supreme Court Upholds State Legislation on Internal Reservation for Backward Classes in Tamil Nadu - The Court reversed the High Court's declaration of unconstitutionality, holding that sub-classification within Most Backward Classes and Denotified Communities is permissible under Articles 15(4) and 16(4) of the Constitution of India, 1950, based on commission recommendations and historical data.

31 Mar 2022

The dispute arose from the Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appoi...

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