Search Results for "Mandatory"

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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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Eligibility Condition in Admission—Subsequent Compliance—Course Completion Allowed. Educational Eligibility—Initial Ineligibility for Admission to B.A.M.S.—Subsequent Compliance—Doctrine of Actus Curiae Neminem Gravabit Applied—Order of High Court Set Aside

Constitution of India, Article 136—Special Leave Petition—Educational Qualification—Admission Eligibility Condition—Subsequent...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

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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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High Court Quashes Income Tax Assessment Order for Violation of Natural Justice and Mandatory Procedures under Section 144B of the Income Tax Act, 1961. Court Emphasizes Adherence to Faceless Assessment Procedures and Audi Alteram Partem Principle in Tax Reassessment Cases

Reassessment Beyond 4 Years: Reassessment under Section 147 of the IT Act cannot be initiated beyond the 4-year period unless there is evidence of fai...

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Property Dispute – Sale Deed Interpretation – Injunction and Ownership Rights

The Supreme Court emphasized the importance of documentary evidence, proper interpretation of sale deeds, and adherence to factual findings when evalu...

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Supreme Court of India — Appeal Dismissed — No Ownership or Leasehold Rights Conferred — Remedy for Recovery of Possession or Unearned Income Kept Open

Lease Agreement Not Executed — No Transfer of Leasehold Rights — Auction Sale on 'As Is' Basis — Rights Under Lease Agreement Limited — Liquid...

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Bombay High Court Quashes Land Acquisition Award Due to Violation of Natural Justice Principles. Opportunity of Personal Hearing Not Provided – Award Set Aside with Directions for Fresh Hearing and Decision

Constitution of India, Article 300-A – Right to Property – No Person Shall Be Deprived of His Property Save by Authority of Law – Principles of ...

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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...

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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...