Search Results for "Jurisdictional Error"

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High Court Dismisses Petition Challenging Rejection of Impleadment Application in Partition Suit -- Trial Court's Discretion Under CPC Upheld Despite 20-Year Delay in Filing

The petitioner challenged the Trial Court's order rejecting her application to implead family members as defendants in a partition suit pending since ...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Supreme Court Dismisses Appeal in Cooperative Society Redevelopment Case on Jurisdiction and Limitation Grounds. Civil Court Maintainability Upheld Under Section 91 of Maharashtra Cooperative Societies Act, 1960, and Suit Found Within Limitation with Possible Section 14 Benefit.

The dispute arose from a redevelopment project involving a Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960. The r...

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Supreme Court Quashes Unilateral Assignment of Leasehold Rights – Res Judicata Bars Fresh Application Without Resolving Legal Complications. Finality of Quasi-Judicial Orders Upheld – Liberty to Reapply Only After Civil Court Resolution

Res Judicata Applicability – Principles of res judicata apply to quasi-judicial authorities. A Competent Authority’s findings bind parties unle...

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Supreme Court Allows Appeal in Service Dismissal Case, Reinstating Dismissal Order Quashed by High Court. The Court Held That Approval of Charge-Sheet by Competent Authority at Issuance Stage Is Not Mandatory If Initiation of Proceedings Was Approved, Under Civil Services Rules and Precedents.

The dispute arose from the dismissal of a civil service officer in Jharkhand following disciplinary proceedings for misconduct involving dishonesty, f...

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Reassessment Notice Under Section 148 of the Income-tax Act, 1961 — Bombay High Court Quashes Reassessment Proceedings

Jurisdictional Error — Absence of Fresh Tangible Material — Change of Opinion — Issue Pending Before Tribunal — Reassessment Proceedings Held ...

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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...