Search Results for "Section 116A"

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Search Results for "Section 116A"

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Supreme Court

Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

9 Sep 2024

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

Supreme Court

Supreme Court Allows Appeal of Karikho Kri in Election Dispute Over Non-Disclosure of Vehicles and Dues — High Court's Declaration of Void Election Set Aside. Non-disclosure of vehicles registered in names of dependent wife and son does not amount to corrupt practice under Section 123(2) of the Representation of the People Act, 1951, and improper acceptance of nomination under Section 100(1)(d)(i) requires proof that election was materially affected.

9 Apr 2024

The case arises from an election petition challenging the election of Karikho Kri, the returned candidate from 44 Tezu (ST) Assembly Constituency in A...

Supreme Court

Supreme Court Sets Aside High Court Order in Election Petition Due to Delay in Reasoned Judgment. High Court's Oral Pronouncement Without Reasons Violates Principles of Natural Justice and Statutory Requirement for Expeditious Proceedings Under Section 86(7) of Representation of the People Act, 1951.

26 Sep 2022

The Supreme Court addressed an appeal arising from proceedings in an election petition filed before the High Court for Telangana at Hyderabad. The app...

High Court

High Court of Karnataka Dismisses Election Commission's Appeal Against Summons to Ex-Chief Election Commissioner in Election Petition. Summons to former CEC as a witness in election petition challenging Athani constituency election is valid and not barred by Article 324 of the Constitution.

29 Jul 2022

The Election Commission of India filed an Original Side Appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated 17.06...

High Court

Bombay High Court Quashes Minister's Order Restoring Fair Price Shop License Without Hearing Complainant — Revision Under Clause 24(1) of Maharashtra Scheduled Commodities Order, 1975 Requires Notice to Affected Parties. The court held that the revision order was passed in gross violation of natural justice and was not maintainable due to inordinate delay of eight years.

4 Jul 2019

The petitioner, Gautam Kathalu Hiwale, an APL card holder, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an order ...

Supreme Court

Supreme Court Allows NDMC Appeals in Property Tax Dispute — Upholds Unit Area Method as Valid. The impugned Bye-laws are not ultra vires the NDMC Act, 1994, as they fall within the rule-making power under Section 388 and are consistent with Section 63.

30 Jan 2019

The Supreme Court allowed the appeals filed by the New Delhi Municipal Council (NDMC) against the Delhi High Court judgment dated August 10, 2017, whi...

High Court

Bombay High Court Allows Election Petition Challenging Election of Respondent No.2 as Member of Maharashtra Legislative Assembly from Sakoli Constituency on Ground of Disqualification Under Section 9A of Representation of the People Act, 1951. Court holds that subsisting contracts with State Government at time of scrutiny of nomination papers disqualify candidate from contesting election.

31 Oct 2018

The petitioner, Sevakbhau Nirdhangi WaghayePatil, filed an election petition under Section 81 of the Representation of the People Act, 1951, challengi...

High Court

Bombay High Court Upholds Revisional Jurisdiction and Denies Exemption for Brass Sheets Not Specified in Eligibility Certificate under Bombay Sales Tax Act, 1959. The court held that revisional power under Section 57 can be exercised despite pending appeals, and exemption benefits require strict compliance with the eligibility certificate's specified goods.

26 Feb 2015

The case involves a reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from a dispute between M/s. Jitendra R. Gandhi (the assessee...

Supreme Court

Supreme Court Refers Matter to Three Judge Bench Due to Conflicting Views on SLP Maintainability in Election Petition. Division Bench Differed on Whether an Alternative Appeal Under Section 116A of the Representation of the People Act, 1951 Barred the Special Leave Petition Under Article 136 of the Constitution, and on Pleading Requirement for Material Effect on Election Result.

18 Oct 2012

This case involved an election dispute appealed to the Supreme Court against the dismissal of election petitions by the High Court of Judicature at Bo...

High Court

Bombay High Court Dismisses Election Petition Challenging Election on Ground of Office of Profit — Chairman of Goa Khadi and Village Industries Board Not an Office of Profit Under Article 191(1)(a) of Constitution. The court held that the Board is a statutory body with independent funds and the Chairman's honorarium does not constitute profit.

27 May 2005

The petitioner, an unsuccessful candidate in the 2002 Goa Legislative Assembly election for the Siolim constituency, filed an election petition under ...

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