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Supreme Court

Supreme Court Reduces Disqualification Period for Delayed Submission of Election Expenses Under Maharashtra Village Panchayats Act — Proportionality of Penalty Considered

28 Feb 2020

The Supreme Court considered appeals against disqualification of elected members of Gram Panchayats under Section 14B of the Maharashtra Village Panch...

Supreme Court

Supreme Court Allows Appeal in Gram Panchayat Election Dispute — Recounting Ordered Due to Irregularities in Vote Counting. The Court held that the Division Bench of the High Court erred in setting aside the recounting order without examining the evidence, as the Election Tribunal and Single Judge had properly found a prima facie case for recounting under the Bihar Panchayat Election Rules, 2006.

31 Jan 2020

The appeal arose from a Gram Panchayat election for the post of Mukhia held on 6 May 2016. The appellant, Chandeshwar Saw, and respondent No. 1, Brij ...

Supreme Court

Supreme Court Allows Appeal in Part, Sets Aside Rajya Sabha Election Due to Improper Reception of Vote by Disqualified MLA. Disqualification under Section 8(3) of Representation of People Act, 1951 takes effect from date of conviction, not from start of day, but vote cast before conviction is valid; however, improper reception of vote at counting renders election void.

17 Jan 2020

The case involves an appeal against the dismissal of an election petition challenging the election of Dhiraj Prasad Sahu to the Rajya Sabha from Jhark...

Supreme Court

Supreme Court Refers Review Petitions on Women's Entry to Sabarimala Temple to Larger Bench — Constitutional Questions on Religious Freedom and Essential Practices Require Authoritative Determination by Seven-Judge Bench. The court identified an apparent conflict between Shirur Mutt and Durgah Committee regarding judicial review of essential religious practices under Articles 25 and 26 of the Constitution.

14 Nov 2019

The Supreme Court, in a judgment dated November 14, 2019, disposed of a batch of review petitions and connected matters arising from the earlier judgm...

Supreme Court

Supreme Court Allows Revision Condonation Delay in Himachal Pradesh VAT Act — Section 5 Limitation Act Applicable. High Court's revisional power under Section 48 of the HP VAT Act, 2005 includes power to condone delay under Section 5 of Limitation Act, 1963 as Section 29(2) applies unless expressly excluded.

25 Oct 2019

The Supreme Court considered appeals against the Himachal Pradesh High Court's judgment dated 19.11.2018, which refused to condone delay in filing rev...

Supreme Court

Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

23 Oct 2019

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

Supreme Court

Supreme Court Dismisses Appeal Against Chief Minister in Election Affidavit Case — Non-Disclosure of Cognizance-Taken Cases Not an Offence Under Section 125-A of Representation of the People Act, 1951. The Court held that Section 33-A of the Act requires disclosure only of charge-framed cases, and the statutory scheme cannot be expanded by rules or forms.

1 Oct 2019

The appellant, Satish Ukey, a practicing advocate, filed a criminal complaint against the first respondent, Devendra Gangadharrao Fadnavis, the then C...

Supreme Court

Supreme Court Allows Tenant's Appeal in Maharashtra Tenancy Act Case — Right to Purchase Not Lost Due to Lack of Knowledge of Landlord's Death. The court held that the limitation period under Section 32-F of the Maharashtra Tenancy and Agricultural Lands Act, 1948 runs from the date the tenant gains knowledge of the cessation of the landlord's disability, not from the date of cessation itself.

18 Sep 2019

The case involves a dispute under the Maharashtra Tenancy and Agricultural Lands Act, 1948, concerning the right of tenants to purchase agricultural l...

Supreme Court

Supreme Court Dismisses Appeals Against Byelection Notification in Municipal Corporation Casual Vacancy Case. Filing of Election Petition Under Section 33 of Mumbai Municipal Corporation Act, 1888 Does Not Bar State Election Commission from Filling Casual Vacancy Under Section 9.

5 Aug 2019

The Supreme Court dismissed appeals against the Bombay High Court's judgment upholding the State Election Commission's notification for byelections to...

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