Search Results for "Res judicata"

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Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

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"Supreme Court Overrules High Court Order on Land Ceiling Act: Landmark Verdict Upholds Finality of Ceiling Proceedings" "Res judicata prevails; family settlements rejected in surplus land declaration under the UP Ceiling Act."

The Supreme Court of India set aside the High Court's order that invalidated surplus land proceedings under the Uttar Pradesh Imposition of Ceiling on...

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"Bombay High Court Judgment on Maintainability of Appeals in Execution Proceedings of Arbitral Awards" "Establishing the primacy of the Arbitration and Conciliation Act over procedural laws for appealability."

1. Introduction The case involved the maintainability of appeals against an order disposing of execution proceedings for an arbitral award. The core ...

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“Fair Hearing, Delayed Resolution: Judicial Discretion in SEBI’s Show-Cause Notice” Balancing justice and due process amidst allegations of delay, laches, and procedural fairness.

The Bombay High Court dismissed a petition challenging a show-cause notice issued by SEBI, emphasizing the need for judicial restraint in interfering...

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"Supreme Court Rules on Land Allocation: Equality and Public Interest Prevail" "Upholding constitutional principles, the court emphasizes public good over preferential treatment."

The Supreme Court's scrutiny of land allotment policies by the State of Andhra Pradesh to privileged groups, including MPs, MLAs, and others. The judg...

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"Bombay High Court Dismisses Tenant’s Revision Application: Upholds Eviction for Failure to Pay Rent and Unauthorized Alterations" "Tenants cannot deny landlord’s title without surrendering possession: Legal heirs of Kashinath Kolwankar lose final appeal."

Civil revision application filed by the legal heirs of the deceased Kashinath Ramchandra Kolwankar, challenging the eviction decree passed by the Appe...

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High Court of Bombay at Goa Ruling on Water Sports Operations. Court Addresses Disputes Over Parasailing Zones and Water Sports Regulation in Goa

The High Court of Bombay at Goa adjudicated a dispute involving Smt. Socorina Joanita Pereira and others against the State of Goa and various responde...

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Dispute Over Land Ownership and Tenancy Rights in Survey No. 73/1 at Mouje Rohinjan. Petitioner-Trust's Claim of Exemption Under Section 88-B of BT & AL Act Contested by Tenant's Rights and Historical Orders; MRT Decision Under Scrutiny.

This case involves a dispute over the land bearing Survey No. 73/1 at Mouje Rohinjan, with the petitioner claiming the land is part of their trust and...

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Supreme Court Overturns High Court Decision in Land Dispute, Validates Trial Court's Dismissal. The Supreme Court ruled in favor of the appellants, confirming that the alleged compromise was invalid and upholding the original Trial Court's decision.

The original plaintiffs filed a suit for declaration and specific performance, which was initially dismissed by the Trial Court but later decreed by t...

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Supreme Court Upholds State's 2011 Pay Scale Order, Settles Long-Standing Litigation. Court Affirms Doctrine of Merger, Ensures Fair Compensation for Retired Employees, and Provides Finality to Pay Discrepancy Dispute

The Supreme Court of India adjudicated a protracted litigation involving the State of Uttar Pradesh and its employees regarding the implementation of ...