Search Results for "writ jurisdiction"

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Search Results for "writ jurisdiction"

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Supreme Court

Supreme Court Quashes High Court's Interim Order Modifying Copyright Rules in Statutory License Dispute - Interim Order That Altered Prior Notice Requirement Under Rule 29(4) of Copyright Rules 2013 Set Aside as Impermissible Judicial Rewriting of Statutory Provisions.

27 Sep 2021

The appeals arose from an interim order dated 2 August 2021 by a Division Bench of the High Court of Judicature at Madras in writ petitions challengin...

Supreme Court

Supreme Court Allows Appeal in Electricity Duty Case Due to Statutory Interpretation. Levy Under Bihar Electricity Duty Act 1948 Not Applicable as Supply Was to Licensee, Not Consumer as Defined Under Sections 2(b) and 2(ee).

24 Sep 2021

The appeal arose from a judgment of the Patna High Court dated 18 September 2017, which declined to entertain a writ petition filed by the appellant, ...

Supreme Court

Supreme Court Dismisses Appeal in Tender Dispute, Upholding Limited Judicial Review Under Article 226 of Constitution of India. The Court Reiterated That Judicial Interference in Tender Awards is Restricted to Cases of Arbitrariness or Irrationality, and Courts Must Defer to the Tendering Authority's Interpretation of Contract Terms.

17 Sep 2021

The Supreme Court of India addressed a civil appeal concerning the scope of judicial review in tender matters under Article 226 of the Constitution. T...

Supreme Court

Supreme Court Sets Aside High Court Order in GST Case Due to Availability of Statutory Alternative Remedy. High Court Erred in Entertaining Writ Petition Under Article 226 of Constitution as No Exceptional Circumstances Like Breach of Fundamental Rights or Violation of Natural Justice Were Established, and Respondent Should Have Availed Remedy Under Section 107 of Central Goods and Services Tax Act, 2017.

3 Sep 2021

The dispute arose from a judgment of the High Court of Telangana dated 4 March 2020, which set aside the action of the Assistant Commissioner of State...

Supreme Court

Supreme Court Allows Advocate's Appeal for Expunction of Adverse Remarks in High Court Judgments Due to Lack of Natural Justice and Judicial Restraint. Remarks Including 'Seasonal Advocate' and 'Misleading the Court' Were Expunged as They Were Not Necessary for Decision and Made Without Prior Notice or Hearing, Violating Established Legal Principles.

2 Aug 2021

The Supreme Court of India addressed a civil appeal filed by Neeraj Garg, a practicing advocate with approximately 17 years standing at the Uttarakhan...

Supreme Court

Supreme Court Quashes High Court Order Allowing Tenant to Remove Wall in Dilapidated Building Under Mumbai Municipal Corporation Act, 1888. The High Court Erred in Exercising Writ Jurisdiction Under Article 226 of the Constitution to Adjudicate Disputed Technical Reports on Building Safety, Overriding Municipal Authority Decisions.

20 Jul 2021

The appeal arose from a judgment of the Bombay High Court dated 24.11.2020, which disposed of a writ petition filed by a tenant (Respondent No.1) agai...

Supreme Court

Supreme Court Upholds Rejection of Plaint in Civil Suit Due to Failure to Seek Necessary Declarations Under Specific Relief Act. The suit was barred under Section 34 of the Specific Relief Act, 1963, as the plaintiff admitted executing sale deeds as security but did not seek declarations regarding their validity, leading to rejection under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, with no amendment permitted after rejection.

20 Jul 2021

The dispute originated from a suit filed by the plaintiff (appellant) against multiple defendants (respondents) concerning property transactions and a...

Supreme Court

Supreme Court Dismisses Contempt Petitions and Writ Petition Challenging Termination of Assistant Engineers in Recruitment Scam Case. The Court upheld the termination orders as valid exercise of liberty granted earlier, finding no contempt or violation of natural justice, based on investigation reports indicating corruption in the selection process.

3 Jun 2021

The dispute arose from the termination and subsequent re-engagement of Assistant Engineers appointed by Uttar Pradesh Jal Nigam through a recruitment ...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

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