Search Results for "Statutory Mandate"

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Bombay High Court – Principles of Natural Justice Violated – Final Assessment Order Rendered Null and Void

Bombay High Court set aside assessment order for non-compliance with statutory provisions under the Income Tax Act, 1961 and violation of principles o...

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Interest on Compensation – Employee’s Compensation Act, 1923 – Statutory Mandate of 12% Interest on Delay – Insurer’s Liability for Payment – Supreme Court Clarifies Position

Employee’s Compensation Act, 1923 – Section 4A(3) – Interest at 12% per annum held to be mandatory on delay in payment of compensation – Insur...

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State Bound by Rules: 100% Direct Recruitment for Tracer Posts Enforced. "Article 14 does not envisage negative equality; statutory rules govern recruitment."

The Supreme Court dismissed the petition filed by Jyostnamayee Mishra challenging the High Court's decision, affirming that the post of Tracer under t...

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Supreme Court on Interim Orders Without Framing Substantial Questions of Law. Upholding judicial rigor, the Court sets aside an interim order passed without framing substantial legal questions in a second appeal.

The Supreme Court examined whether a High Court can grant interim orders in a second appeal without formulating substantial questions of law under Sec...

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"Temporary Appointment of Staff in Liquidation Cases: A Legal Analysis under Rules 308 and 309" Balancing Liquidation Needs with Legal Sanctions

The Bombay High Court (Nagpur Bench), in Company Application No. 48/2024, addressed the appointment of a Peon (MTS) in liquidation proceedings under R...

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Pre-Deposit Requirement Mandatory Under Section 129E of Customs Act: Relief Denied. Relief under Article 226 for pre-deposit waiver cannot override the statutory mandate under Section 129E of the Customs Act, 1962.

1. Relief Sought by Petitioners (Paras 1–2) The Petitioners sought: Waiver of the pre-deposit requirement under Section 129E of the Customs Act,...

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Delegating Discretion: Parsi Matrimonial Courts Can Record Evidence Via Commissioner Balancing tradition and modernity under PMDA for expeditious justice.

The Bombay High Court upheld the discretion of Parsi Matrimonial Courts to direct the recording of evidence before a Court Commissioner under Order X...

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"Deemed Conveyance under MOFA: High Court Upholds Societal Rights, Dismisses Ownership Disputes" "Statutory obligations outweigh title conflicts in securing housing societies' rights."

The Bombay High Court dealt with the challenge against the denial of deemed conveyance under Section 11(3) of the Maharashtra Ownership of Flats Act (...