Search Results for "Res judicata"

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Supreme Court Upholds Demand Notices for Recovery of Rebate on Electricity Tariff. Promissory Estoppel Yields to Public Interest – Rebate Withdrawal Validated

The Supreme Court dismissed the appeals, holding that: The appellants were not entitled to the rebate under the notification dated 30.09.1991, as the...

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Supreme Court Set Aside High Court’s Order Directing Compassionate Appointment – Lump Sum Ex-Gratia Granted Under Article 142. Compassionate Appointment – Financial Condition Consideration – High Court Erred in Overlooking Suitability Criterion – Article 142 Invoked for Equitable Relief

Acts And Sections Discussed Constitution of India, 1950 – Article 142 – Extraordinary Power Exercised for Equitable Relief – Para 49 Civil P...

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Quashing of Show Cause Notice issued by the Director General of Foreign Trade under the Foreign Trade (Development and Regulation) Act, 1992 – Applicability of Policy Circular and Doctrine of Res Judicata – Prospective and Retrospective Clarification of Foreign Trade Policy, 2004–2009

The High Court of Bombay quashed and set aside the Impugned SCN, holding that it was barred by the doctrine of res judicata and constituted an arbitra...

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Supreme Court Quashes Karnataka High Court Order on Delay Condonation and Leave to Appeal. Transferee Pendente Lite Cannot Challenge Decree Without Leave – Delay of 586 Days Not Justified.

Constitution of India, 1950 – Code of Civil Procedure, 1908 – Transfer of Property Act, 1882 Article 136 – Appellate Jurisdiction of Supreme ...

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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...