Search Results for "Procedural Defect"

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High Court of Karnataka Dismisses Second Appeal in Property Title Dispute Involving Multiple Previous Suits. Court Examines Maintainability Under Order 2 Rule 2 CPC and Relief Requirements Under Section 34 of Specific Relief Act, 1963 Regarding Declaration Without Consequential Possession.

The dispute originated from a property suit O.S.No.156/2010 filed by seven plaintiffs seeking declaration of title and permanent injunction regarding ...

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High Court Acquits Accused in Rape Case Due to Procedural Defects and Insufficient Evidence - Fundamental Error in Framing Charge Under Deleted Provision and Inconsistent Testimony Fail to Sustain Conviction Under IPC

The High Court allowed the criminal appeal filed by Appellant against his conviction and life imprisonment under Section 376(3) of the Indian Penal Co...

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Arbitration Clause Upheld – Bombay High Court Appoints Sole Arbitrator Despite Procedural Objections

Technical Plea on Incorrect Citation of Arbitration and Conciliation Act, 1996 – Rejected – Arbitration Proceedings to Commence Without De...

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Grant of Deemed Conveyance: Upholding Rights of Housing Societies Despite Unlawful Construction. Balancing flat purchasers' statutory rights with developers' non-compliance under the Maharashtra Ownership of Flats Act (MOFA).

The Bombay High Court addresses the pivotal issue of whether an illegal or unauthorized building structure impairs a cooperative housing society's sta...

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"Faceless Tax Assessments: Bombay High Court Quashes Order Violating Natural Justice" Ensuring procedural compliance under Section 144B of the Income Tax Act.

The legality of an income tax assessment order passed in violation of Section 144B of the Income Tax Act, 1961. The Bombay High Court held the order t...

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"Rejection of Nomination for Chembur Constituency: A Judicial Review of Procedural Compliance" "Ensuring procedural integrity in electoral nominations under the scrutiny of the judiciary."

The Bombay High Court dismissed a writ petition challenging the rejection of a nomination to contest the Maharashtra Legislative Assembly elections. T...

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Dismissal of Election Petition for Non-Disclosure of Cause of Action. Election Petition Challenging Nomination Papers Dismissed for Lack of Material Facts and Non-Compliance with the Representation of People Act.

The High Court of Judicature at Bombay, Justice Sharmila U. Deshmukh dismissed an Election Petition questioning the election of Anil Yeshwant Desai, a...

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Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...