Search Results for "tribunal powers"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "tribunal powers"

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High Court

Bombay High Court Quashes Remission Order in NHAI Arbitration Case — Section 34(4) A&C Act Cannot Be Used to Cure Non-Existent Defects in Solatium Award Under National Highways Act. The court held that the District Judge exceeded jurisdiction by remitting the matter for inclusion of solatium when the NH Act barred such claim, and directed the District Judge to proceed with the Section 34 application on merits.

27 Feb 2025

The petitioners, the Project Director of the National Highway Authority of India (NHAI) and the Secretary, Union of India, challenged an order dated 1...

Supreme Court

Supreme Court Allows Appeal in Boat Lascar Recruitment Case: Higher Qualification (Syrang Licence) Cannot Be Treated as Disqualification for Lower Post. Court holds that a candidate possessing a Syrang's licence is eligible for the post of Lascar, as the higher qualification encompasses the lower, and sets aside the Tribunal and High Court orders.

2 Dec 2020

The case pertains to the eligibility of a candidate holding a Syrang's licence for the post of Boat Lascar under the Kerala State Water Transport Depa...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal to Continue Winding Up Petition in High Court Amidst Insolvency Proceedings Under IBC. Held that winding up petitions under Section 433(e) of Companies Act, 1956 where notice has been served under Rule 26 of Companies (Court) Rules, 1959 are not automatically transferred to NCLT and may continue in High Court, but such continuation does not bar initiation or continuation of independent insolvency proceedings under IBC by other creditors.

22 Jan 2019

The appeal arose from an operational creditor's challenge to the continuation of insolvency proceedings under the Insolvency and Bankruptcy Code, 2016...

High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Sale Notice, Directs Petitioners to Approach DRT for Interim Relief. Petitioners failed to demonstrate any illegality in the sale notice under Section 32 of the SARFAESI Act, 2002, and the remedy under Section 17 of the Act is available and efficacious.

30 Jul 2021

The petitioners, Smt. Aruna DTS Moorthy and M/s AMGC Logistic Pvt. Ltd., filed a writ petition before the Bombay High Court, Nagpur Bench, challenging...

High Court

Bombay High Court Dismisses Writ Petition Challenging School Tribunal Order Upholding Termination of PTI Appointment. Appointment of Two PTIs Against One Advertised Post Held Illegal and Improper.

15 Jan 2014

The petitioner, Parimal Hanumant Dhopte, was appointed as a Physical Training Instructor (PTI) by the Mahekar Education Society. The Society had adver...

High Court

Bombay High Court Dismisses MSEDCL Petitions Challenging Labour Court Awards in Retrenchment Compensation Cases. Employer's Failure to Pay Full Wages and Notice Pay Under Section 25F of Industrial Disputes Act, 1947 Renders Retrenchment Invalid.

26 Feb 2015

The Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) filed five writ petitions challenging separate awards of the Labour Court, Dhule,...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Mutation Order in Favor of Wakf Board — Land Belonging to Wakf Cannot Be Claimed by Private Individuals Based on Revenue Entries Alone. Petitioners failed to establish title over wakf land, and the court held that mutation entries do not confer title, directing them to approach the Wakf Tribunal under Section 85 of the Wakf Act, 1995.

20 Dec 2023

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, K...

High Court

High Court of Karnataka Quashes Compensation Award in Railway Misconduct Case — Tribunal Cannot Grant Compensation in Lieu of Reinstatement When Enquiry Is Valid and Misconduct Proved. The Court held that under Section 11A of the Industrial Disputes Act, 1947, the Tribunal cannot award compensation in lieu of reinstatement when the domestic enquiry is valid and the workman is found guilty of misconduct.

5 Feb 2013

The petitioner, Divisional Railway Manager, South Western Railway, Hubli, challenged the award dated 03.09.2007 passed by the Central Government Indus...

High Court

High Court of Bombay at Goa Disposes of Writ Petition in Goa State Cooperative Marketing and Supply Federation Election — Rule Made Returnable and Petition Disposed of

16 Apr 2025

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High Court

Madras High Court Dismisses Insurance Company's Appeal Against Quantum of Compensation, Upholding 100% Functional Disability for Heavy Vehicle Driver Whose Right Hand Was Amputated. Despite Medical Board certificate of 87% permanent disability, the Court confirmed that the driver's earning capacity was fully lost and enhanced the award by Rs.3,00,000 for future prosthetic limb maintenance by invoking Order XLI Rule 33 of the Code of Civil Procedure, 1908.

24 Feb 2025

The appeal arose from a motor accident claim filed by a lorry driver who lost his right hand in a road collision. On 29th April 2022, the claimant was...

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