Search Results for "directory condition"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "directory condition"

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Supreme Court

Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

1 Jan 2020

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

Supreme Court

Supreme Court Dismisses Tenants' Appeals in West Bengal Eviction Case — Limitation Act Not Applicable to Section 7(2) Application Under West Bengal Premises Tenancy Act, 1997. The Court held that the time limits under Section 7(2) are mandatory and only one extension of up to two months is permissible, and Section 5 of the Limitation Act, 1963 does not apply.

13 Aug 2019

The appeals arose from eviction petitions filed by the respondent-landlord against the appellants-tenants under the West Bengal Premises Tenancy Act, ...

Supreme Court

Supreme Court Allows Appeals of Revenue Authorities in Stamp Duty Undervaluation Cases — Revisional Powers Under Section 47A of Indian Stamp Act, 1899 Upheld. The Court held that the limitation period for suo motu revision by the Chief Controlling Revenue Authority is five years from the date of the order, not from the date of registration.

1 Jan 2020

The Supreme Court of India heard a batch of civil appeals arising from orders of the Madras High Court concerning the interpretation of Section 47A of...

High Court

Bombay High Court Allows Writ Petitions Challenging Minister's Revision Orders in Cooperative Society Registration Dispute — Minister Exceeded Revisional Jurisdiction Under Section 154 of Maharashtra Cooperative Societies Act, 1960. The court held that the revisional authority cannot re-appreciate evidence or substitute its own satisfaction for that of the Registrar under Section 9 of the Act.

22 Mar 2017

The judgment arises from a batch of writ petitions filed by individuals challenging orders passed by the Hon'ble Minister for Cooperation, Irrigation ...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award as Not Maintainable Due to Failure to Issue Prior Notice Under Section 34(5) of the Arbitration and Conciliation Act, 1996. The Court Held That the Requirement of Prior Notice Is Mandatory and a Condition Precedent for Filing a Section 34 Application.

19 Apr 2018

The petitioner, Maharashtra State Road Development Corporation Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 t...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Petitioner Failed to Show Jurisdictional Error or Violation of Natural Justice. The court held that the petitioner had an alternative remedy of appeal under Section 18 of the SARFAESI Act, 2002, and no exceptional grounds were made out for interference under Article 226.

30 Nov -0001

The petitioner, Phoenix ARC Private Limited, a company registered under the Companies Act, 1956, acting as a trust, filed two writ petitions under Art...

Supreme Court

Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

6 Mar 2025

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

Supreme Court

Supreme Court Upholds Municipal Corporation's Land Acquisition for Road Construction Under Mumbai Municipal Corporation Act. Municipal Corporation Validly Exercised Independent Powers Under MMC Act Without Requiring Road Inclusion in Development Plan Under MRTP Act, With Public Interest Justifying Acquisition Despite Property Owners' Objections.

2 Sep 2022

The dispute originated from the Municipal Corporation of Mumbai's efforts to acquire portions of the appellants' property for constructing a link road...

High Court

High Court of Bombay at Goa Allows State's Writ Petition Against Rejection of Written Statement — Delay Condoned Due to Administrative Bottlenecks. Order VIII Rule 1 CPC Held Directory; Trial Court Directed to Consider Condonation Application on Merits.

11 Oct 2011

The State of Goa and its officers (petitioners) filed a writ petition challenging an order dated 4 June 2011 passed by the learned Principal District ...

Supreme Court

Supreme Court Directs Governments to Provide Ex Gratia Compensation for Covid-19 Deaths Under Disaster Management Act. The court held that Section 12 of the Disaster Management Act, 2005 imposes a mandatory obligation to recommend guidelines for ex gratia assistance, and financial constraints cannot override statutory and constitutional duties under Article 21 of the Constitution.

30 Jun 2021

The Supreme Court of India heard two writ petitions filed in public interest by Reepak Kansal and Gaurav Kumar Bansal against the Union of India and o...

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