Search Results for "pleadings"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
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Search Results for "pleadings"

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Supreme Court

Supreme Court Quashes High Court's Review Order in Service Dispute Due to Lack of Reasoning. Review Jurisdiction Requires Speaking Order Demonstrating Error Apparent on Face of Record Under Order 47 of Code of Civil Procedure, 1908.

22 Mar 2022

The dispute originated from a writ petition filed by an employee challenging his superannuation order and seeking continuation in service until age 62...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

Supreme Court

Supreme Court Allows Appellant in Tender Dispute, Quashing High Court's Order and Permitting Project Completion. The Court held that judicial review in tender matters is limited to examining legality under Article 14 of the Constitution, and interference is unwarranted unless the decision is manifestly arbitrary, unjust, or mala fide, as per Tata Cellular v. Union of India.

21 Mar 2022

The dispute arose from a tender process initiated by the Road Construction Department of Jharkhand for the reconstruction of Nagaruntari–Dhurki–Am...

Supreme Court

Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

16 Mar 2022

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

Supreme Court

Supreme Court Dismisses Petition Challenging OROP Policy Implementation for Ex-Servicemen. Periodic Revision Every Five Years Upheld as Not Arbitrary Under Articles 14 and 21 of the Constitution of India.

16 Mar 2022

The dispute arose from a petition under Article 32 of the Constitution challenging the implementation of the One Rank One Pension (OROP) policy for ex...

Supreme Court

Supreme Court Dismisses Application for Appointment of Arbitrator in Arbitration Dispute Over Final Award. The court held that the award was final and had adjudicated all claims, with no unresolved issues requiring fresh arbitration, and rejected a plea for correction under Section 33 of the Arbitration and Conciliation Act, 1996 as it was not raised in the application and lacked merit.

15 Mar 2022

The dispute arose from a civil appeal where the Supreme Court appointed Justice S.S. Nijjar as sole arbitrator to resolve disputes between the parties...

Supreme Court

Supreme Court Sets Aside High Court Order Rejecting Plaint Under Order VII Rule 11 CPC in Title Suit. The Court held that the plaint could not be rejected on limitation grounds as it required consideration of entire averments, and the suit for declaration and injunction under Section 53A of the Transfer of Property Act was maintainable for trial.

14 Mar 2022

The appeal arose from a dispute where the original plaintiffs filed a title suit seeking declaration of right, title, and interest in property under S...

Supreme Court

Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

3 Mar 2022

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

Supreme Court

Supreme Court Allows Defendant's Appeal in Land Dispute and Quashes Permanent Injunction Granted to Plaintiff. Court held that when plaintiff fails to obtain declaration of title and suit for cancellation of sale deed is time-barred, permanent injunction to protect possession cannot be granted as it is a consequential relief and requires lawful possession under Specific Relief Act, 1963.

3 Mar 2022

The dispute involved agricultural land where the plaintiff's husband executed a registered sale deed in 1975 in favor of the defendant for the entire ...

Supreme Court

Supreme Court Allows Appeals in Land Ownership Dispute, Quashing Bombay High Court PIL Judgment. Revenue Minister's Recall of Ex Parte Order Upheld as Violative of Natural Justice Under Section 258 Maharashtra Land Revenue Code, 1966, and Appellants' Title Established Based on 1894 Deed.

28 Feb 2022

The appeals arose from a Bombay High Court judgment in a Public Interest Litigation concerning ownership of land admeasuring 5 acres and 20 gunthas in...

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