Search Results for "Jurisdictional Error"

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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 Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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Reopening of Assessment Beyond Four Years Held Illegal Without Fresh Tangible Material. Reassessment Under Section 147 of Income Tax Act, 1961 Quashed Due to Lack of Jurisdiction and Change of Opinion

The Bombay High Court quashed the notice dated 27 March 2021 under Section 148 and the assessment order dated 29 March 2022, holding that: The reopen...

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Reinstatement of Terminated Teacher — Vitiated Inquiry Proceedings — Real Likelihood of Bias — Full Back Wages Awarded — Application of Principles of Natural Justice

High Court upheld the Tribunal’s decision — Confirmed reinstatement of Respondent No.1 — Directed payment of full back wages — Found the inqui...

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Writ Petition Against Show Cause Notice Issued by Waqf Board Dismissed – Bombay High Court.

Writ Petition Filed Under Article 226 of the Constitution of India – No Violation of Fundamental Rights – Availability of Alternative Remedy – D...

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High Court Upholds General Court Martial Conviction Under POCSO Act. Judicial Review of Court Martial Proceedings – Sexual Offences Against Minors – Scope of High Court’s Jurisdiction Under Article 226

Judicial Review of Court Martial Proceedings: The High Court, under Article 226, can review Court Martial proceedings if there is a denial of fundamen...

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Supreme Court Refers Key Questions on MSMED Act to Larger Bench. Balancing statutory remedies with writ jurisdiction: Supreme Court deliberates over MSMED Act provisions and alternative remedies.

The Supreme Court of India examines whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by the Micro...

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High Court cannot reappreciate concurrent factual findings under Article 226 – Revenue records upheld.

Constitution of India, 1950 – Article 226 – Writ jurisdiction – Interference with concurrent findings – Held: The High Court exceeded its juri...

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"High Court of Bombay: Commercial Arbitration Appeal" "Exploring the scope of judicial review under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, addressing readiness, willingness, and compensation issues in a shareholder dispute."

Arbitration Scope: The Court clarified the restrictive jurisdiction under Section 34 and 37 of the Arbitration and Conciliation Act, emphasizing minim...

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Supreme Court Upholds Full Insurance Claim Despite Delay in Intimation, Condones Exclusion Clause Application. "Reasonable conduct under compelling circumstances negates insurer's denial of claim."

The Supreme Court of India upheld the State Commission’s award of the entire Insured Declared Value (IDV) of Rs. 5,02,285/- with 9% interest to the ...