Search Results for "equitable principle"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "equitable principle"

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Supreme Court

Supreme Court Upholds Compassionate Appointment Claims for Municipal Employees Under Specific Circulars. The court held that Circular Nos. 301-Emp., 302-Emp., and 303-Emp. under the West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999, provide a scheme for compassionate appointments in municipalities, and applications must be considered accordingly, distinguishing municipal employees from State Government employees.

27 Apr 2025

The appeal arose from a batch of cases concerning compassionate appointment claims by heirs of deceased employees of Burdwan, Ranaghat, and Habra Muni...

Supreme Court

Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

10 Mar 2022

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

Supreme Court

Supreme Court Allows Appeals Against NCLAT Order Restricting Committee of Creditors to Single Project in CIRP of Supertech Ltd. — Interim Directions Issued for Consideration of Resolution Plans. The NCLAT's order converting the CIRP into a project-wise insolvency process was challenged as being contrary to the IBC, and the Supreme Court directed that offers from resolution applicants be considered pending final disposal.

11 May 2023

The Supreme Court of India heard three civil appeals arising from orders of the National Company Law Appellate Tribunal (NCLAT) in the corporate insol...

Supreme Court

Supreme Court Allows Appeal in Land Acquisition Case Due to State's Unjust Enrichment and Delay — Compensation Granted with Statutory Benefits Despite Laches. The State cannot evade its obligation to pay compensation for property taken without acquisition merely on the ground of delay and laches when it has benefited from possession and has compensated similarly situated landowners.

1 Jan 2022

The appellants, Sukh Dutt Ratra and Bhagat Ram, claimed ownership of certain lands in Himachal Pradesh which were utilized by the State for constructi...

Supreme Court

Supreme Court Upholds State's Power to Prohibit Export of Sand Under MMDR Act - Gujarat Rules Restricting Inter-State Sand Movement Held Valid. The Court held that the prohibition on export of sand was a reasonable restriction under Article 304(b) of the Constitution, aimed at preventing illegal mining and conserving natural resources.

1 Mar 2019

The case involves appeals by the State of Gujarat against the Gujarat High Court's judgment striking down Rules that prohibited the export of ordinary...

High Court

Bombay High Court Allows Petition for Additional Amenity TDR in Garden Reservation Case — Municipal Corporation Cannot Deny TDR for Land Reserved for Garden on Grounds of Non-Construction of Road. Held that once land is reserved for a garden and developed as such, the owner is entitled to additional amenity TDR under DCR 33(9) read with Section 126 of the MRTP Act, 1966, irrespective of whether a road is constructed.

3 Apr 2024

The petitioners, Vijay Nagar Apartments (a partnership firm) and its partner Dhaval Ajmera, owned approximately 98,369.1 square meters of land in Vill...

High Court

Bombay High Court Allows Appeal of Assessee in Income Tax Case — Write-off of Advances and Expenses Held Allowable as Business Loss Under Section 28 of Income Tax Act, 1961. The court held that amounts advanced to a business associate in the course of business dealings and written off as irrecoverable are deductible as business loss.

9 Jun 2023

The appellant, Mahindra and Mahindra Ltd., a public limited company engaged in manufacturing and trading, filed an appeal under Section 206A of the In...

High Court

Bombay High Court Quashes Tribunal Order Directing Displaced Officer to Resume Post Without Hearing Petitioner. Transfer Order Upheld as Petitioner Had Already Taken Charge, Violating Principles of Natural Justice.

26 Jun 2023

The Petitioner, Shri Rajendra s/o Maruti Najan, was posted as Tahsildar (Revenue) in Collector Office, Nashik since 23 April 2020. By order dated 12 A...

High Court

Bombay High Court Allows Developer's Appeal in Township Development Dispute, Sets Aside Injunction Against Developer. Court holds that trial court erred in granting injunction in favor of landowners without considering development agreement and power of attorney, and that balance of convenience favored the developer.

25 Oct 2023

The appeal arises from an order dated 3 October 2022 passed by the 11th Joint Civil Judge Senior Division, Pune, rejecting the appellant-plaintiff's a...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Discretion to Grant Relief Upheld. Courts below correctly exercised discretion to decree specific performance of agreement to sell agricultural land based on credible evidence of payment and readiness.

8 Dec 2023

The case involves a second appeal filed by the original defendant (appellants) against the judgment and decree passed in First Appeal No. 260/2014 by ...

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