Search Results for "incompetent authority"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "incompetent authority"

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High Court

Bombay High Court at Goa Allows Civil Revision Application in Property Dispute — Concurrent Findings of Courts Below Set Aside Due to Perversity and Non-Application of Mind. The Court held that the lower appellate court failed to properly re-appreciate evidence and misapplied the principle of res judicata, warranting interference under Section 115 CPC.

14 Dec 2022

The applicant, Smt. Rosy Noronha, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment ...

High Court

Bombay High Court Dismisses Appeal Against Order of Status Quo and Appointment of Receiver in Property Dispute. Court Holds That Suit for Declaration and Injunction Is Not Barred by Limitation or Res Judicata and That Receiver Cannot Be Removed Without Proper Application.

17 Aug 2022

The appeal arises from a suit filed by the respondents (Afzal Khan and others) against the appellants (Mehboob Ayub Khan and others) seeking declarati...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

26 Jul 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Allows Corporation's Appeal in Service Dispute Over Competence to Issue Chargesheet and Proportionality of Punishment. Discharge from service upheld as valid penalty for misconduct at Air Force station.

17 Mar 2020

The Supreme Court heard two appeals arising from a common order of the High Court in a service dispute between Bharat Petroleum Corporation Limited (t...

High Court

Bombay High Court Dismisses Petitions Seeking Protection as Slum Occupants on Railway Land — Slum Act Does Not Apply to Central Government Premises Under Article 285(1) of Constitution. The court held that the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is inapplicable to railway property, and eviction is governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

23 Jan 2017

The petitioners, occupants of railway land in Mumbai, filed writ petitions seeking a declaration that they are 'protected occupiers' under the Maharas...

High Court

Bombay High Court Dismisses Petitions Seeking Protection as Slum Occupiers Against Railway Eviction — Slum Act Does Not Apply to Central Government Premises Under Article 285(1) of Constitution. The court held that the Maharashtra Slum Act cannot override the Public Premises Act in respect of Railway property, and petitioners cannot claim protected occupier status.

23 Jan 2017

The judgment concerns two writ petitions and several interlocutory applications filed by occupants of Railway land in Mumbai. The petitioners in Writ ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Deputy Commissioner's Order in Municipal Dispute — Petitioner Failed to Establish Title Over Property in Question. The court held that disputed questions of title cannot be adjudicated in writ jurisdiction under Articles 226 and 227 of the Constitution of India and directed the petitioner to approach the civil court.

12 Jul 2016

The petitioner, Smt. Nagamma, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Beng...

Supreme Court

Supreme Court Dismisses Accused's Appeal in Murder Conviction Upholding High Court's Enhancement of Sentence. State's Appeal Against Acquittal for Murder Deemed Competent Under Section 417 of the Code of Criminal Procedure, 1898, Despite Accused's Appeal Being Summarily Dismissed, as Section 369 Applies to Courts of First Instance.

30 Oct 1968

The appeal arose from a conviction for culpable homicide not amounting to murder, which was subsequently enhanced to murder by the High Court upon a S...

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