Search Results for "Substantive Right"

48 result(s) found

Scroll Down To Discover

Found 48 result(s)

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute - Tribunal Lacks Jurisdiction For Non-Notified Properties, Civil Court Retains Authority For Property Status Determination.

The Supreme Court allowed the appeal filed by Appellants against Respondents, setting aside the High Court order and allowing the application under Or...

© Image Copyrights Juris Services & Technology

“Inordinate Delay of 4828 Days Not Condoned: Landmark Ruling on Limitation Act in Land Acquisition Cases”

The appellants (landowners) filed an appeal seeking enhancement of compensation awarded under the Land Acquisition Act. However, the appeal was filed ...

© Image Copyrights Juris Services & Technology

High Court Allows Writ Petition by Cooperative Society Quashing Orders Under Maharashtra Cooperative Societies Act Due to Jurisdictional Errors and Procedural Violations -- Inclusion of Non-Members in Registration Documents Set Aside

The Bombay High Court allowed the writ petition filed by Petit Mansion C-Wing Cooperative Housing Society Limited and its Chairperson challenging orde...

© Image Copyrights Juris Services & Technology

“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

© Image Copyrights Juris Services & Technology

Scope of Amendment under Section 152 of the Code of Civil Procedure, 1908 – High Court Holds Correction of Decree Justified in Case of Misdescription of Property

Judicial Power – Clerical or Accidental Errors – Distinction Between Review and Amendment – Execution of Decrees – Correction of Judgment to R...

© Image Copyrights Juris Services & Technology

Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

© Image Copyrights Juris Services & Technology

Supreme Court of India – Civil Appellate Jurisdiction – Consumer Protection Act, 2019 – Limitation Period – Continuing Cause of Action – Error on Face of Record – Substantive Right Over Procedural Technicality – NCDRC Order Quashed and Set Aside.

Consumer Protection Act, 2019 – Section 67 – Limitation Period to File Complaint – Continuing Cause of Action Upheld – NCDRC's Dismissal on Li...