Search Results for "just adjudication"

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Bombay High Court Quashes Show Cause Notice and Personal Hearing Notice Due to Inordinate Delay in Adjudication — Customs Act, 1962 — Delay of 16 Years in Remand Proceedings Violates Principles of Natural Justice and Fundamental Right to Speedy Adjudication

The petitioners, M/s. Esjaypee Impex Pvt. Ltd. and its Managing Director, challenged a show cause notice dated 24.09.2003 and a personal hearing notic...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

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Bombay High Court Quashes Stamp Duty Demand on Unexecuted Lease Agreement — No Liability Under Maharashtra Stamp Act, 1958. Adjudication under Section 31 cannot be basis for demand when document is not executed and no stamp duty is chargeable.

The petitioner, Crisil Limited, a company registered under the Companies Act, had been in occupation of office premises at Hiranandani Business Park, ...

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Bombay High Court Upholds Industrial Tribunal Award Granting Grade Parity to Laboratory Assistants at Research Centre. Historical Parity and Similar Job Functions Justify Equal Classification Under Industrial Disputes Act, 1947.

The judgment involves two writ petitions filed by Hindustan Lever Limited and the Hindustan Lever Research Centre Employees' Union challenging an awar...

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Bombay High Court Dismisses Quashing Petitions in FERA Prosecution — Exoneration in Adjudication Not a Bar to Criminal Proceedings. Adjudication and criminal prosecution under FERA are independent proceedings with different standards of proof and objectives.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of orders passed by ...