Search Results for "discretionary interest"

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Supreme Court Allows Appeal of Employee Retired Prematurely Based on Deemed Age — Resolution Cannot Override Service Rules. The Court held that the Board's resolution deeming age as 18 on appointment date could not reduce the actual retirement age under Rule 73 of the Bihar Service Code.

The appellant, Gopal Prasad, was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20 May 1970 at about 15½ years of ...

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Supreme Court Allows Segregation of Trial for MLA Accused in Communal Violence Cases — High Court Order Quashed. Trial Court directed to file separate charge sheet and conduct separate trial for appellant under Section 528 BNSS, 2023.

The appellant, Mamman Khan, a sitting MLA from Ferozepur Jhirka constituency in Haryana, was arrayed as an accused in FIR Nos.149 and 150 both dated 0...

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Bombay High Court Dismisses Petition Challenging Notice for Unauthorized Commercial Construction Under Section 260(1) of MMC Act. Petitioner failed to produce any construction permission or approved plans for hotel, bakery, and other commercial units, leading to dismissal of writ petition.

The petitioner, Sakib Ayub Khan, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 21 February 2023 issu...

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Bombay High Court Allows Writ Petition in Rent and Possession Dispute, Remands Suit for Fresh Adjudication on Merits — Appellate Court's Remand Order Set Aside for Lack of Proper Reasoning and Non-Compliance with Order 41 Rule 23 CPC.

The petitioner, the original plaintiff, filed a writ petition challenging the judgment and decree dated 25/02/2020 passed by the District Judge-4, Cha...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Stay in Civil Suit for Declaration and Injunction. Appellate Court's Discretionary Order Refusing Stay Pending Appeal Not Interfered With Under Articles 226 and 227 of the Constitution of India.

The petitioners, Tarachand and Kiran Shinde, filed a Regular Civil Suit No. 12/1997 for declaration and permanent injunction in respect of an open plo...