Search Results for "2005"

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Supreme Court Upholds Execution Court's Jurisdiction to Extend Time for Deposit in Specific Performance Case. Application for Extension of Time and Rescission Must be Treated as Part of Original Suit, Not Execution Proceedings.

The Supreme Court of India upheld the jurisdiction of the Execution Court to extend the time for depositing the balance sale consideration in a specif...

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High Court Quashes Order Setting Aside Sale Certificate in Property Auction: Petitioner’s Knowledge of Borrower’s Death Unsubstantiated. Legal heirs’ objection to auction sale dismissed; no evidence of fraud or irregularity found in sale proceedings.

The Petitioner, a Co-operative Credit Society, challenged the order passed by the Divisional Joint Registrar, Kolhapur, which had set aside the Sale C...

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Eviction Decree Set Aside Due to Procedural Error: Bombay High Court Allows Civil Revision Application. Bombay High Court quashes eviction decree against tenants due to procedural lapses and compliance with Maharashtra Rent Control Act.

The Bombay High Court has set aside the eviction decree passed by the Court of Small Causes at Bombay in R.A.E. & R. Suit No. 375/543 of 2003 on t...

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Daughter’s Right to Coparcenary Property Under Amended Section 6 of the Hindu Succession Act, 1956: Even if Father Died Before the Act Came into Force

Retroactive Application of Amended Section 6: The 2005 Amendment to Section 6 of the Hindu Succession Act, 1956 is retroactive, not retrospective...

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High Court Orders Lapsing of Reservation for Garden in Ambernath: Petitioner's Land Freed from Planning Restrictions. Court mandates release of land reserved for a garden after 15 years of inaction by authorities under the MRTP Act.

The Bombay High Court dealt with the issue of the lapsing of a land reservation under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act)....

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Bombay High Court Upholds Absorption and Regularization of PCMC Workers. Court Directs PCMC to Regularize Wages from 2023 Without Back Wages for Prior Service

Absorption and Permanency: The complainants are deemed to have been absorbed into the municipal service and made permanent as of August 18, 2005, ...

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Supreme Court Grants Bail to Appellant in UAPA Case, Citing Lack of Prima Facie Evidence. Court Highlights Prosecution’s Flawed Charge Sheet and Upholds "Bail as Rule, Jail as Exception" Principle

The prosecution failed to establish prima facie evidence linking the appellant to offences under UAPA or IPC. Distortion of Witness Statement: Pr...

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Supreme Court Overturns High Court and Tribunal Decisions in Disciplinary Case. Appellant Granted Relief and Consequential Benefits Following Challenge to Penalty Imposed for Alleged Desertion of Family.

The appellant challenged the High Court of Delhi's order dated 14.09.2023, which dismissed his Writ Petition and Review Petition. The case involves di...

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Supreme Court Upholds Dismissal of Railway Employees for Fraudulent Appointments. High Court's Reversal of Central Administrative Tribunal's Order Overturned, Emphasizing Integrity in Compassionate Appointments and Adherence to Natural Justice Principles

The appeals filed by the Union of India challenge a judgment by the High Court of Calcutta that reversed a Central Administrative Tribunal order and a...

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Supreme Court Partially Upholds Complaint Under National Housing Bank Act. High Court's Quashing of Complaint Against Company Directors Overturned; Case to Proceed Against Managing Director and Company

The appellant filed a complaint alleging a violation of Section 29A of the National Housing Bank Act, 1987. The Magistrate took cognizance of the comp...