Search Results for "onerous condition"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
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Search Results for "onerous condition"

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High Court

Madras High Court Upholds Regulatory Authority of Directorate General of Shipping in Maritime Education, Strikes Down Compulsory Placement Condition as Unconstitutional. The condition requiring maritime institutions to secure on-board training placements for students before admission is held ultra vires and onerous.

12 Mar 2026

The present Writ Appeals were filed against the order of the learned Single Judge dated 18.08.2020 in WP.No.9050 & 9119 of 2020. The appellants, being...

High Court

Madras High Court Modifies Onerous Cost Condition for Setting Aside Exparte Order in Execution Proceedings — Cost Reduced from Rs.2,00,000 to Rs.25,000. Courts must not impose excessive costs without special circumstances, especially when decree holder has no objection.

27 Jan 2026

The petitioners, Baskaran and Thamaraiselvi, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging a doc...

Supreme Court

Supreme Court Sets Aside Onerous Bail Conditions in Property Dispute Case — Directs Removal of Wall and Handing Over Possession Exceeded Jurisdiction Under Section 439 CrPC. The High Court's order to remove a wall and hand over possession of disputed property to the complainant was held to be beyond the scope of bail proceedings and unrelated to ensuring the accused's presence during trial.

18 Nov 2024

The Supreme Court considered an appeal against an order of the Madhya Pradesh High Court granting bail to the appellants subject to conditions includi...

Supreme Court

Supreme Court Sets Aside Onerous Conditions for Pre-Arrest Bail in Matrimonial Dispute — Conditions Must Be Compliable and Proportionate. The Court held that requiring a husband to undertake to fulfill all physical and financial needs of his wife as a condition for bail is impossible and counterproductive to reconciliation.

2 Aug 2024

The Supreme Court dealt with an appeal against an order of the Patna High Court granting provisional pre-arrest bail to the appellant-husband in a com...

Supreme Court

Supreme Court Allows Appeal Against Deposit Condition in Anticipatory Bail — Pre-Arrest Bail Cannot Be Used as Recovery Mechanism Under Section 438 CrPC in Cheating Case Under Section 420 IPC.

4 Jul 2023

The Supreme Court addressed a recurring issue where courts, while granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973...

Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case on Applicability of Deposit Condition Under Old Act. The court held that the appeal is governed by the Consumer Protection Act, 1986, as the right of appeal accrued before the 2019 Act came into force, and the deposit of ₹50,000 under Section 23 suffices for entertaining the appeal.

15 Feb 2022

The appeal arose from an order of the National Consumer Dispute Redressal Commission directing the appellant to pay a substantial sum with interest. T...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal in Property Tax Dispute — Civil Suit Barred by Statutory Remedy Under Delhi Municipal Corporation Act, 1957. The Court held that the remedy of appeal to the Municipal Taxation Tribunal under Section 169 is adequate and not onerous, thus excluding civil court jurisdiction.

19 Aug 2019

The case involves an appeal by the South Delhi Municipal Corporation (SDMC) against a Division Bench order of the Delhi High Court that set aside a Si...

Supreme Court

Supreme Court Upholds Validity of Pre-deposit Condition Under Punjab VAT Act. Condition of 25% Pre-deposit for First Appeal Held Not Unconstitutional, but Appellate Authority Has Inherent Power to Grant Interim Relief.

1 Jan 2019

The Supreme Court considered a batch of appeals challenging the judgment of the Punjab and Haryana High Court which upheld the validity of Section 62(...

High Court

Bombay High Court Upholds Pre-deposit Condition for Appeal Under Section 406(2)(e) of Maharashtra Municipal Corporation Act, 1949 — Condition Not Arbitrary or Unreasonable. The provision requiring deposit of disputed tax as precondition for appeal is valid and does not violate Article 14 of the Constitution.

16 Jan 2014

The petitioner, Walchandnagar Industries Limited, challenged the constitutional validity of Section 406(2)(e) of the Bombay Provincial Municipal Corpo...

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