Search Results for "statutory right"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...

Search Results for "statutory right"

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Supreme Court

Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

20 Aug 2019

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

Supreme Court

Supreme Court Allows Appeal by Union of India and ITBP Against High Court's Quashing of Land Acquisition Notifications for Battalion Headquarters. Urgency Clause Upheld for National Security Purposes Under Land Acquisition Act, 1894.

9 Aug 2019

The Supreme Court allowed the appeal filed by the Union of India and the Director General of ITBP against the Allahabad High Court's judgment dated 10...

Supreme Court

Supreme Court Allows Union of India's Appeals in National Highways Act Land Acquisition Cases — Section 3J Not Violative of Article 14. The Court held that the non-grant of solatium and interest under the National Highways Act, 1956 is not discriminatory and the Act is a complete code.

9 Aug 2019

The Supreme Court, in a batch of appeals filed by the Union of India, considered the validity of the non-grant of solatium and interest under the Nati...

Supreme Court

Supreme Court Allows State Appeals in Bihar Health Department Illegal Appointments Case — Appointments Held Void Ab Initio, No Right to Regularisation. The Court upheld the State Committee's categorisation of appointments as forged, illegal, or irregular, and held that only irregular appointments may be regularised under Umadevi principles.

8 Aug 2019

The Supreme Court allowed a batch of appeals filed by the State of Bihar against orders of the Patna High Court that had quashed termination orders of...

Supreme Court

Supreme Court Dismisses Appeals Against Byelection Notification in Municipal Corporation Casual Vacancy Case. Filing of Election Petition Under Section 33 of Mumbai Municipal Corporation Act, 1888 Does Not Bar State Election Commission from Filling Casual Vacancy Under Section 9.

5 Aug 2019

The Supreme Court dismissed appeals against the Bombay High Court's judgment upholding the State Election Commission's notification for byelections to...

Supreme Court

Supreme Court Allows Accused's Appeal for Cloned Copy of Memory Card in Rape Case — Right to Fair Trial Prevails Over Victim's Privacy. Electronic Record Held to be 'Document' Under Evidence Act and IPC, Entitling Accused to Copy Under Section 207 CrPC.

26 Jul 2019

The appellant, P. Gopalkrishnan @ Dileep, was arrayed as accused No. 8 in a case registered under various sections of the Indian Penal Code, 1860 and ...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.

7 May 2019

The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...

Supreme Court

Supreme Court Allows Appeal in Panchayat No-Confidence Motion Dispute — MP's Inclusion for Quorum and Vote Upheld. The Court held that the Member of Parliament representing the Union Territory is a member of the Panchayat Samiti with full voting rights, including in no-confidence motions, under the Andaman and Nicobar Islands (Panchayats) Regulation, 1994.

1 May 2019

The appeal arose from a dispute concerning the inclusion of a Member of Parliament (MP) representing the Union Territory of Andaman and Nicobar Island...

Supreme Court

Supreme Court Upholds High Court's Quashing of State Order Transferring Idol Theft Cases to CBI. Court holds that transfer of investigation without consulting the investigating officer and without court's approval was improper.

12 Apr 2019

The State of Tamil Nadu appealed against the Madras High Court's judgment dated 30.11.2018, which quashed the State Government's order dated 01.08.201...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

27 Mar 2019

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

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