Search Results for "statutory rule prevails"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "statutory rule prevails"

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High Court

Bombay High Court Allows Writ Petition Directing Registration of BIFR Orders Under Registration Act, 1908 for Property Transfer by Operation of Law. BIFR orders sanctioning a scheme of revival-cum-demerger under SICA Act are documents affecting immovable property and require registration under Section 17(1)(b) of the Registration Act, 1908; refusal to register on ground of non-exemption is not justified.

6 May 2026

The Petitioner, Swayam Realtors & Traders LLP, originally a company under the Companies Act, 1956 and later converted into an LLP under the Limited Li...

Supreme Court

Supreme Court Allows Appeal in Remission Policy Applicability Case — 2002 Policy Governs Convicts Sentenced Before 2008 Policy Came Into Effect. The Court held that the policy in force at the time of conviction applies, and subsequent policy cannot be applied retrospectively to deny remission.

1 Jan 2026

The appellant, Parveen Kumar @ Parveen Chauhan, was convicted for the murder of a 12-year-old child on 3rd January 2009 under FIR No.670 of 2007. He w...

Supreme Court

Supreme Court Allows Appeal of Employees in Cooperative Society Recruitment Case — Procedural Defects Not Attributable to Employees Cannot Invalidate Appointments After Long Service. The court held that appointments made pursuant to a public advertisement and approval by the Registrar, though allegedly in violation of amended Rule 3 of the Primary Cooperative Marketing Societies Rules under the Haryana Cooperative Societies Act, 1984, are not void ab initio and cannot be annulled after long unblemished service.

1 Jan 2026

The present appeal arises from a judgment of the Division Bench of the Punjab and Haryana High Court affirming the annulment of appointments of the ap...

Supreme Court

Supreme Court Allows Appeal in Land Acquisition Compensation Case — Directs Shifting of Date for Determining Market Value Due to Inordinate Delay. Compensation to be Determined as on Date of Award Instead of Preliminary Notification Under Section 28 of KIAD Act, 1966.

2 Jan 2025

The appellants, Bernard Francis Joseph Vaz and others, purchased residential sites in Gottigere Village, Bengaluru between 1995 and 1997. On 3rd April...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

Supreme Court

Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

1 Oct 2024

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

Supreme Court

Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

10 Jan 2023

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Dismisses Appellant in Insolvency Appeal Due to Statutory Limitation Bar. The Court upheld the NCLAT's refusal to condone a 44-day delay in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, ruling that Article 142 of the Constitution cannot override specific statutory time limits.

14 Sep 2021

The dispute arose from insolvency proceedings initiated by the State Bank of India against Dunar Foods Limited under Section 7 of the Insolvency and B...

Supreme Court

Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

18 Feb 2019

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

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