Search Results for "Procedural Defect"

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Search Results for "Procedural Defect"

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Supreme Court

Supreme Court Quashes Disqualification Order Against Zilla Parishad Member Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The court held that disqualification under Section 16(1)(i) requires direct evidence of interest in work done by Zilla Parishad order, not mere inference of misuse, and procedural fairness under Section 40 was violated.

17 Apr 2023

The dispute arose from the disqualification of a Zilla Parishad member elected on 08.01.2020, following a petition by a defeated candidate under Secti...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Eyewitness Evidence and Procedural Defects in Identification. Conviction Under Section 302 read with Section 149 of Indian Penal Code, 1860, Overturned as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Based on Doubts About Witness Presence and Flawed Test Identification Parade.

18 Jan 2023

The appeals challenged the judgment of the High Court of Judicature at Madras, which affirmed the trial court's conviction of the appellants for offen...

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 Reverses High Court Judgment in Land Title Dispute Due to Jurisdictional Error and Procedural Defects. High Court Exceeded Authority Under Section 100 CPC by Re-appreciating Evidence Without Framing Substantial Question of Law, and Specific Performance Decree Was Invalid for Non-Impleadment of Necessary Parties.

17 Jan 2022

The dispute involved a long-standing conflict over land measuring 0.08 cents, part of a larger 50-acre parcel, with origins dating back to the 1960s. ...

Supreme Court

Supreme Court Allows Appeal of Daily Wage Employees in Industrial Disputes Act Case, Reinstating Tribunal Award. Termination Without Section 25F Compliance Held Void Regardless of Appointment Irregularity Under Industrial Disputes Act, 1947.

27 Oct 2021

The dispute originated from the termination of daily wage non-teaching staff at Sree Sankaracharya University of Sanskrit. The employees were initiall...

Supreme Court

Supreme Court Partly Allows Appeal in Industrial Dispute, Modifies Reinstatement to Compensation for Contractual Employee. Court Upholds Factual Finding of Employer-Employee Relationship but Awards Lump Sum Compensation Instead of Reinstatement Under Section 25F of Industrial Disputes Act, 1947, Citing Precedents on Procedural Defects in Termination.

20 Sep 2021

The Supreme Court of India heard a civil appeal arising from a special leave petition filed by Ram Manohar Lohia Joint Hospital and others against Mun...

Supreme Court

Supreme Court Partially Allows Appeal in Industrial Dispute, Modifying Compensation for Daily Wager. The Court held that while termination of a daily wager without compliance with Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not automatic and monetary compensation is appropriate where no unfair labour practice or retention of juniors is established.

2 Sep 2021

The dispute involved an industrial worker challenging his termination by a public authority. The appellant, a daily wager, claimed he was verbally app...

Supreme Court

Supreme Court Upholds Arbitral Award in Arbitration Dispute, Setting Aside High Court Remand Order. The Court affirmed the District Judge's dismissal of a Section 34 petition, emphasizing limited judicial interference under the Arbitration and Conciliation Act, 1996, and modified interest rates for payment.

30 Jul 2020

The dispute arose from an arbitral award dated 16.09.2009 in favor of the appellant, B.B.M Enterprises, against the State of West Bengal, involving cl...

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