Search Results for "Cause of Action"

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Search Results for "Cause of Action"

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Supreme Court

Supreme Court Dismisses Banks in RTI Disclosure Challenge Due to Finality of Previous Judgment. Writ Petitions by Banks Against RBI's Directions Under Right to Information Act, 2005 Found Non-Maintainable as They Effectively Challenge Settled Judicial Decision in Reserve Bank of India vs. Jayantilal N. Mistry (2016) 3 SCC 525.

30 Sep 2022

The Supreme Court of India, in a batch of writ petitions led by Writ Petition (Civil) No. 1159 of 2019, addressed challenges by various banks, includi...

Supreme Court

Supreme Court Dismisses Appeal in Limitation Dispute Over Alternative Plot Allotment. Concurrent Findings on Time-Barred Declaratory Suit Upheld Under Article 136 of Constitution, Applying Limitation Act 1963 Provisions to Determine Starting Point of Limitation.

29 Sep 2022

The appeal arose from a civil suit filed by the appellants seeking declaratory reliefs regarding ownership of an alternative residential plot allotted...

Supreme Court

Supreme Court Allows Appeals in Land Acquisition Cases by Quashing High Court's Lapse Declarations. High Court's Application of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Found Contrary to Constitution Bench Precedent Establishing Lapse Requires Both Non-Possession and Non-Payment of Compensation.

26 Sep 2022

The Supreme Court heard four civil appeals filed by the Delhi Development Authority and Government of NCT of Delhi against judgments of the Delhi High...

Supreme Court

Supreme Court Transfers Multiple FIRs to Delhi Police IFSO Unit in Media Debate Case. Court ordered consolidation of investigation for offenses under Indian Penal Code, 1860, arising from single television broadcast, granting interim protection from coercive action but declining to quash FIRs.

23 Sep 2022

The dispute originated from multiple First Information Reports (FIRs) and criminal complaints filed against the petitioner, a television anchor, in va...

Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Limitation Dispute, Upholding NCLAT's Remand for Admission After Notice. The Court held that limitation for applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code, 2016 runs from the date of default, not the Code's enforcement, and delay can be condoned under Section 5 of the Limitation Act, 1963 upon showing sufficient cause.

19 Sep 2022

The appeal arose from a dispute between M/s Tech Sharp Engineers Pvt. Ltd. (appellant/corporate debtor) and Sanghvi Movers Limited (respondent/operati...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Involving Corporate Guarantee for Non-Corporate Borrowers. Corporate Insolvency Resolution Process Under Section 7 of Insolvency and Bankruptcy Code, 2016 is Maintainable Against Corporate Person as Guarantor Even When Principal Borrower is Not a Corporate Person, as Default Triggers Financial Debt and Corporate Debtor Status.

6 Sep 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016 (IBC), where the appellant, a promoter and director of Maharaja Theme P...

Supreme Court

Supreme Court Upholds Municipal Corporation's Land Acquisition for Road Construction Under Mumbai Municipal Corporation Act. Municipal Corporation Validly Exercised Independent Powers Under MMC Act Without Requiring Road Inclusion in Development Plan Under MRTP Act, With Public Interest Justifying Acquisition Despite Property Owners' Objections.

2 Sep 2022

The dispute originated from the Municipal Corporation of Mumbai's efforts to acquire portions of the appellants' property for constructing a link road...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Arbitrator's Discretion on Post-Award Interest. The Court held that under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the arbitrator has discretion to determine the quantum for post-award interest, and since the award specified interest only on the principal, the statutory default did not apply.

1 Sep 2022

The appeal arose from a judgment of the Delhi High Court dismissing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, which ch...

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