Search Results for "mandatory obligation"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "mandatory obligation"

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High Court

High Court of Bombay at Goa Adjudicates Constitutional Challenge to Article 19 of Decree No.35461 on Enforcement of Ecclesiastical Annulment Decrees. Petitions Seek to Nullify Canonical Marriage Annulments and Prevent Civil Endorsements, Questioning the Validity of Pre-Constitution Colonial Law.

15 Oct 2019

Two writ petitions were heard together. In Writ Petition No.351 of 2017, the petitioner wife married the fourth respondent on 26 September 2009 under ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Industrial Court's Interim Order in Unfair Labour Practice Complaint — Ex-gratia Denial to Striking Employees Amounts to Unfair Labour Practice. Denial of Ex-gratia Payment to Employees Who Participated in Strike While Granting to Non-Strikers Violates Item 5 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

2 Dec 2011

The Municipal Corporation of Greater Mumbai (the Corporation) and its Municipal Commissioner filed a writ petition under Article 226 of the Constituti...

Supreme Court

Supreme Court Upholds Cancellation of Appointments of Relatives of Selection Committee Members in Shiksha Karmi Grade-III Recruitment Due to Bias and Nepotism. The selection of close relatives by the selection committee members was held to be in violation of Section 40(C) and Section 100 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, and the appointments were rightly cancelled despite the appointees not being heard.

16 Apr 2024

The case pertains to the selection and appointment of Shiksha Karmi Grade-III in Janpad Panchayat Gaurihar, District Chhatarpur, Madhya Pradesh, in 19...

Supreme Court

Supreme Court Dismisses Appeal in Execution Proceedings Upholding Auction Sale Despite Procedural Objections. Court affirmed that under Order 21 Rule 90 of Code of Civil Procedure, 1908, setting aside a court sale requires specific pleading and proof of material irregularity or fraud, and mere non-compliance with deposit timelines under Order 21 Rules 84 and 85 does not vitiate sale absent prejudice, especially when property was purchased during suit pendency with injunction.

10 Feb 2024

The dispute originated from a civil suit filed by Smt. Gayatri Agrawal against National Ginni Enterprises for specific performance of an L.P.G. gas ag...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Time for Filing Appeal Runs from Date of Uploading of Order, Not from Date of Pronouncement. NCLAT Erred in Computing Limitation from Date of Pronouncement Without Considering Date of Uploading Under Section 61(2) of Insolvency and Bankruptcy Code, 2016.

1 May 2023

The appeal arises under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) from a judgment dated 9 January 2023 of the National Company Law ...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Financial Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. Approval of Resolution Plan by Committee of Creditors Based on Commercial Wisdom is Not Subject to Judicial Review on Grounds of Security Interest Value Omission, as Per Section 30(4) and Limited Scope Under Section 61(3).

13 May 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the corporate debtor VSP Udyog Private Limited. The appellan...

Supreme Court

Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

28 Oct 2021

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

High Court

Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

11 Jan 2024

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

High Court

Bombay High Court Dismisses Election Petition for Non-Joinder of Necessary Parties Under Section 82 of Representation of People Act, 1951. Petitioner failed to implead all contesting candidates as required, leading to dismissal under Section 86(1).

9 Oct 2020

The petitioner, Dr. Kanagsabapathy Sundaram Pillai, filed an election petition under Section 101 of the Representation of People Act, 1951, seeking a ...

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