Search Results for "Section 47"

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Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

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Supreme Court Allows Appeals Against Quashing of Prosecution of Municipal Commissioners Under Water Pollution Act. Holds That Commissioner of City Municipal Council and Chief Officers Are 'Head of Department' Under Section 48 of Water (Prevention and Control of Pollution) Act, 1974.

The Karnataka State Pollution Control Board filed complaints against the City Municipal Council, Krishnarajapuram, Bangalore, and its Commissioner (B....

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Supreme Court Upholds High Court Decision on Public Parking Lot and FSI Computation in Mumbai Building Project. The Court held that construction of public parking lot above plinth level without valid commencement certificate was illegal, and remanded FSI computation issues for fresh consideration.

The case involves a dispute over the construction of a residential building and a public parking lot (PPL) by Shree Ram Urban Infrastructure Ltd. (SRU...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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Supreme Court Dismisses Appeal in Partnership Dispute — Decree Against Deceased Partner Not Executable Against Legal Representatives. Partnership Dissolved on Death of Partner Under Section 42(c) of Partnership Act, 1932, and Legal Representatives Not Bound by Decree.

The case arises from a partnership deed dated 14.04.1982 between late Sri Jai Narayan Misra and late Smt. Hashmatunnisa Begum for real estate developm...

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Supreme Court Dismisses Appeal by Steamer Agent Challenging Port Trust Circular Limiting Storage Duration. Circular Held Valid as Administrative Measure to Decongest Port, Not a Tariff Fixation.

The appellant, Maheshwary Handling Agency Private Limited, a steamer agent, challenged a circular dated 31st August 1998 issued by the Traffic Manager...

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Supreme Court Allows Appeal in Temple Trusteeship Dispute — Executing Court Cannot Reopen Final Findings. High Court Exceeded Revisional Jurisdiction Under Section 115 CPC by Setting Aside Executing Court's Order Dismissing Section 47 Application.

The appeal arose from a dispute over the trusteeship of a temple. The suit temple properties were originally administered by three brothers, Sadhasiva...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court Decree. Handwriting Expert Evidence Cannot Override Consistent Testimony of Attesting Witnesses and Corroborative Receipt of Earnest Money.

The case involves a suit for specific performance of an agreement of sale dated 20.04.1993 for a house in Karimnagar. The plaintiff (appellant) allege...

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Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...