Search Results for "jurisdictional infirmity"

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Madras High Court Acquits Accused in POCSO Case Due to Inconsistent Dying Declarations. Conviction under Section 6 of POCSO Act and Section 363 IPC set aside as the dying declarations were contradictory and lacked corroboration.

The appellant, M. Vigneshwaran, was convicted by the Special Court under POCSO Act for penetrative sexual assault and kidnapping of a 17-year-old girl...

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Supreme Court Allows Appeal in Rent Control Eviction Case, Restoring Trial Court's Order on Unauthorized Subletting. High Court's Revisional Interference Found Impermissible as It Reappreciated Evidence Beyond Jurisdictional Limits Under Section 46 of Karnataka Rent Act, 1999.

The dispute arose from eviction proceedings initiated by the landlord against the tenant, a partnership firm, under the Karnataka Rent Act, 1999. The ...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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High Court Dismisses Writ Petitions by Petitioners Challenging Competent Authority's Orders Under Maharashtra Cooperative Societies Act, 1960 -- Petitioners Fail to Establish Jurisdictional Error or Violation of Natural Justice

The judgment involves four connected writ petitions filed before the High Court of Judicature at Bombay challenging orders passed by the Competent Aut...

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Bombay High Court Upholds Expressway Land Acquisition Compensation Process; Dismisses Farmers’ Writ Petitions

The petitions were filed by farmers whose lands were acquired for the Jalna–Nanded Super Express Highway project. The landowners challenged the ...

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Supreme Court Allows Appeal in Family Property Dispute — High Court Exceeded Revisional Jurisdiction by Decreeing Suit Based on Admission Without Trial. Order under Order 12 Rule 6 CPC set aside as admission must be clear, unambiguous, and not require interpretation.

The present appeal arises from a family dispute over the sale proceeds of ancestral agricultural land. The respondent No.1 (plaintiff) filed a suit fo...

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High Court of Karnataka Dismisses Insurance Company's Appeals in Workmen Compensation Cases — Upholds Commissioner's Award of Compensation with Interest. Employer's Failure to Discharge Burden of Proof Regarding Non-Employment Results in Liability Under Workmen's Compensation Act, 1923.

The case involves four miscellaneous first appeals filed by the Branch Manager of National Insurance Company Limited, Raichur, against the judgments a...

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Bombay High Court Allows Writ Petition Challenging CBEC Circular on Brand Rate of Drawback. Court holds that an exporter can claim Brand Rate of drawback under Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 even after availing All Industry Rate under Rule 3.

The petitioner, Alfa Laval (India) Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging a Circular dated 30th Decemb...