Search Results for "purposive construction"

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Search Results for "purposive construction"

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Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Dispute Over Indemnity Timing Under Consent Award. The Court held that an indemnity clause in a consent award creates immediate obligations to protect against liability recovery, not deferred until final confirmation by the highest court of appeal, under Sections 124 and 125 of the Indian Contract Act, 1872 and Section 36 of the Arbitration and Conciliation Act, 1996.

13 Apr 2026

The appeal arose from a judgment of the High Court of Delhi that deferred the execution of a consent award dated 01.03.2019, rendered by the Singapore...

High Court

High Court of Judicature at Bombay Dismisses Hawkers' Petitions in Street Vending Act Case Due to Compliance with Statutory Framework. Town Vending Committee Actions Upheld as Lawful Under Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Addressing Hawkers' Livelihood Concerns.

23 Mar 2026

The background of the dispute involved several hawkers' unions and individual hawkers filing writ petitions against the Town Vending Committee, Munici...

High Court

High Court dismissed Writ Petition Challenging Confiscation of Forest Produce and Vehicle Under Indian Forest Act, 1927. Confiscation Order sustained.

17 Mar 2026

The dispute originated from the confiscation of red sanders logs and a transport vehicle by forest authorities in Maharashtra. The petitioners, transp...

High Court

High Court Dismisses Writ Petition Challenging Eviction Order Under Senior Citizens Act - Eviction Application Maintainable Without Maintenance Claim. Senior Citizen's Right to Live with Dignity in Own Home Upheld Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, as 'Maintenance' Includes Residence Under Section 2(b).

5 Mar 2026

The dispute arose from a writ petition under Article 227 of the Constitution of India filed by Petitioner challenging the judgment and order dated 30t...

High Court

High Court Dismisses Writ Petition Challenging Eviction Order Under Senior Citizens Act, Upholding Tribunal's Jurisdiction. The court held that eviction can be ordered without a separate maintenance claim as provision for residence falls within the definition of maintenance under Section 2(b) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to ensure the senior citizen's peaceful life.

5 Mar 2026

The dispute arose from a writ petition under Article 227 of the Constitution of India, challenging orders from the Appellate Tribunal and Maintenance ...

High Court

High Court of Judicature at Bombay Resolves Reference on Deposit Requirement for Revision Under Maharashtra Co-operative Societies Act, 1960 - The court held that a litigant challenging only consequential actions pursuant to a recovery certificate under Section 101 is not required to deposit 50% of recoverable dues under Section 154(2A), as the mandate applies solely to challenges against the certificate itself.

4 Mar 2026

The judgment arose from a reference made by a learned Single Judge of the High Court of Judicature at Bombay to resolve an irreconcilable conflict bet...

Supreme Court

Supreme Court Allows Appeal for Return of Dowry and Gold Ornaments Under Muslim Women Act -- Divorce Entitles Woman to Recover Properties Given at Marriage --

2 Dec 2025

The Supreme Court allowed an appeal by Rousanara Begum, a divorced Muslim woman, seeking return of dowry and gold ornaments given at her marriage. The...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Act Case on Bar Council Member's Continuance in Waqf Board. The court held that a Muslim Member of the Bar Council does not vacate Waqf Board membership upon ceasing Bar Council tenure, as Explanation II to Section 14(1)(b) of the Wakf Act, 1995, applies only to Members of Parliament and State Legislative Assembly.

22 Apr 2025

The Supreme Court addressed an appeal concerning the interpretation of Section 14 of the Wakf Act, 1995, specifically whether a Muslim Member of the B...

Supreme Court

Supreme Court Allows Appeal in Duty Drawback Case — Holds Clarificatory Circular Retrospective. Circular No. 35/2010-Cus. dated 17.09.2010, being clarificatory and benevolent, applies retrospectively to exports made prior to its effective date, and the customs component of AIR duty drawback is available even if excise rebate availed.

1 Jan 2025

The appellant, M/s Suraj Impex (India) Pvt. Ltd., a merchant exporter of Soyabean Meal, claimed All Industry Rate (AIR) duty drawback at 1% under Cust...

Supreme Court

Supreme Court Allows Maternity Leave for Third Child from Second Marriage in Tamil Nadu Government Service Case. Fundamental Rule 101(a) of Tamil Nadu Fundamental Rules must be interpreted purposively; children from prior marriage not in mother's custody cannot be counted to deny maternity leave.

1 Jan 2025

The appellant, K. Umadevi, married A. Suresh in 2006 and had two children (born 2007 and 2011). She joined Tamil Nadu government service as an English...

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