Search Results for "Locus standi"

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High Court Disposes Writ Petition Under Article 227 of Constitution of India, Directs Trial Court to Reconsider Compromise Decree in Ancestral Property Dispute Involving Fraud Allegations

The petitioners filed a writ petition under Article 227 of Constitution of India to quash a compromise decree in OS No. 123/2025, alleging it was frau...

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Supreme Court Clarifies Rules on Advocate Appearances and Vakalatnama Compliance in Court Proceedings. Supreme Court Bars Unauthorized Advocate Appearances, Reinforces Accountability in Legal Practice

The Supreme Court, in its judgment dated 20.09.2024, had directed that only authorized advocates could mark their appearances in court, and the Advoca...

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated.

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constit...

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High Court Recalls Order Due to Violation of RBI Directives and Unlawful Compromise Affecting Third-Party Rights. Recall of Order Based on Unlawful Compromise in Loan Assignment Dispute

Unlawful Compromise: A compromise under Order XXIII Rule 3 of the CPC must be lawful. The assignment of Shaila Clubs' loan to Savannah was unlawful as...

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High Court of Judicature at Bombay Set Aside Order of Revisional Authority in Membership Eligibility Dispute. Enrollment of Members Without Fulfilling Statutory Conditions—Interference by Revisional Authority Quashed—Findings of Registrar and Appellate Authority Upheld

a) Registrar’s powers under Section 11 of the MCS Act are confined to determining the factual eligibility of prospective members. b) Revisional Auth...

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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...