Search Results for "second proviso"

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Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...
Supreme Court Dismisses Appeals of Para-Teachers Seeking Regularisation in Jhark...
Supreme Court Allows Appellant in Karnataka SC/ST Land Transfer Case Due to Lach...
Supreme Court Allows Collaborator's Arbitration Request Despite No Privity of Co...
Supreme Court Upholds Regulatory Commission's Order Restricting Depreciation to ...

Search Results for "second proviso"

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Supreme Court

Supreme Court Allows Appeal of Market Committee in Market Fee Dispute: Processed Agricultural Produce Imported from Outside State is Liable for Market Fee Under Karnataka APMC Act. The Court held that the Explanation to Section 65(2) of the Karnataka APMC Act excludes the exemption for imported agricultural produce, and the importer is liable to pay market fee under Section 65(2-A)(ia).

14 Dec 2021

The Supreme Court allowed the appeal filed by APMC Yashwanthapura against the judgment of the Karnataka High Court which had held that the respondent,...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Eviction Case Due to Tenant's Waiver of Notice Defect. The Court held that the tenant waived the objection to non-compliance with the six-month notice requirement under the proviso to Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, by not raising it in earlier proceedings.

8 Dec 2021

The dispute arose under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, involving an eviction proceeding initiated by t...

Supreme Court

Supreme Court Sets Aside High Court Bail Orders for Non-Compliance with Mandatory Procedure Under Section 389 CrPC. The Court held that the first proviso to Section 389 CrPC requires giving the Public Prosecutor an opportunity to show cause in writing before granting bail post-conviction, and failure to follow this renders the bail orders invalid, necessitating fresh consideration by the High Court.

12 Nov 2021

The Supreme Court addressed criminal appeals arising from Special Leave Petitions challenging High Court orders granting bail to convicted persons und...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Reinstates Criminal Proceedings in Corruption Case Overturning High Court's Quashing of FIR. The Court held that authorization under Section 3 of J&K Prevention of Corruption Act, 2006 does not require a reasoned order, preliminary enquiry is permissible under Lalita Kumari, and the FIR disclosed cognizable offences of misappropriation under the Act.

29 Oct 2021

The dispute arose from criminal proceedings initiated against the respondent, a government official, for alleged corruption in the purchase of medical...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR and Summons in SC/ST Act Case Due to Erroneous Interpretation of Magistrate's Jurisdiction and Sanction Requirements. Magistrate Retains Power to Take Cognizance Under Amended Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sanction Under Section 197 of Code of Criminal Procedure, 1973 Not Required for Acts Not in Discharge of Official Duties.

26 Oct 2021

The dispute arose from an FIR registered by the appellant, a complainant, against police officers for offences under the Indian Penal Code and the Sch...

Supreme Court

Supreme Court Upholds National Commission's Power to Impose Deposit of Entire Decretal Amount as Stay Condition in Consumer Appeals. Pre-deposit of 50% under Section 51 of Consumer Protection Act, 2019 is Minimum Requirement, Not a Cap on Discretionary Stay Conditions.

12 Oct 2021

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (National Commission...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

Supreme Court

Supreme Court Quashes High Court's Interim Order Modifying Copyright Rules in Statutory License Dispute - Interim Order That Altered Prior Notice Requirement Under Rule 29(4) of Copyright Rules 2013 Set Aside as Impermissible Judicial Rewriting of Statutory Provisions.

27 Sep 2021

The appeals arose from an interim order dated 2 August 2021 by a Division Bench of the High Court of Judicature at Madras in writ petitions challengin...

Supreme Court

Supreme Court Upholds High Court Judgment Directing Shift of Toll Plaza for Violation of National Highways Fee Rules. Construction at 194 km of NH30 Found to Violate Rule 8 of National Highways Fee (Determination of Rates and Collection) Rules, 2008 Due to Lack of Written Reasons and Failure to Meet Conditions for Municipal Area Placement.

23 Sep 2021

The dispute arose from a writ petition filed by respondents 1 to 17 (writ petitioners) seeking to restrain the construction of a toll plaza at 194 km ...

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