Search Results for "statutory right"

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Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
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Search Results for "statutory right"

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High Court

Deemed Conveyance under MOFA – Rejection of Application by Competent Authority Set Aside. High Court of Bombay – Writ Petition under Article 226 – Challenge to Rejection of Deemed Conveyance – Developer’s Delay in Redevelopment Not a Justification – Statutory Rights under Section 11 of Maharashtra Ownership Flats Act, 1963 Upheld – Competent Authority Directed to Issue Conveyance Certificate

18 Feb 2025

Constitution of India, Article 226 – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, ...

Supreme Court

Forfeiture of Gratuity – No Conviction Required for Moral Turpitude – Supreme Court Clarifies Legal Position. Termination for misconduct constituting an offence involving moral turpitude permits forfeiture of gratuity even without a criminal conviction.

17 Feb 2025

Conviction Not Necessary for Forfeiture – The Supreme Court overruled the earlier interpretation in C.G. Ajay Babu (2018), holding that Section 4(6)...

High Court

Interpretation of Devasthan Regulations and Imposition of Costs Quashed. High Court of Bombay at Goa Upholds Tribunal’s Interpretation of Devasthan Regulations but Sets Aside Arbitrary Costs Imposed on Petitioner

7 Feb 2025

Interpretation of Article 40: The Court held that the Administrative Tribunal’s interpretation of Article 40 was sound and legally sustainable. Th...

High Court

Deemed Conveyance Under Maharashtra Ownership Flats Act, 1963 (MOFA) — Civil Court Jurisdiction in Title Disputes — Quasi-Judicial Authority’s Scope — Premature Application for Deemed Conveyance

7 Feb 2025

Constitution of India (COI) — Article 226 — Writ Jurisdiction — Civil Court’s Exclusive Authority on Title Disputes Maharashtra Ownership Fla...

Supreme Court

Termination of long-serving municipal workers without due process – Illegal and violative of statutory rights.

31 Jan 2025

Constitution of India, 1950 – Article 14, Article 16 Right to Equality – Arbitrary termination of long-serving workmen without compliance with sta...

Supreme Court

Arbitration Clause Enforcement in Construction Dispute – Supreme Court Affirms Bar on Compensation Claims. Validity of Contractual Limitation on Damages – Clause 49.5 Enforced – No Deviation from Agreed Terms Allowed

31 Jan 2025

Contractual Terms and Damages – Clause 49.5 of the General Conditions of Contract (GCC) barred claims for damages due to employer delays. The Arbitr...

Supreme Court

"Supreme Court Rejects Interim Bail for Electoral Campaigning by Mohd. Tahir Hussain" "Court upholds public interest over electoral aspirations of an accused in cases of grave public disorder."

22 Jan 2025

The Supreme Court of India dismissed a Special Leave Petition filed by Mohd. Tahir Hussain seeking interim bail to campaign for the Delhi Assembly ele...

Supreme Court

Supreme Court Partly Allows Appeal in Motor Accident Claim — Enhances Compensation by Adding Future Prospects and Rejecting Pension Deduction. Pension and retirement benefits cannot be deducted from salary for computing loss of earning capacity; future prospects at 30% must be added for salaried employees aged 40-50 years under Motor Vehicles Act, 1988.

1 Jan 2025

The original appellant, a Sub-Inspector in CRPF, met with a motor accident on 10.05.2010, sustaining grievous injuries leading to 61.94% disability as...

Supreme Court

Supreme Court Allows Maternity Leave for Third Child from Second Marriage in Tamil Nadu Government Service Case. Fundamental Rule 101(a) of Tamil Nadu Fundamental Rules must be interpreted purposively; children from prior marriage not in mother's custody cannot be counted to deny maternity leave.

1 Jan 2025

The appellant, K. Umadevi, married A. Suresh in 2006 and had two children (born 2007 and 2011). She joined Tamil Nadu government service as an English...

Supreme Court

Restoration of Appeal Allowed: Compromise Non-compliance Entitles Statutory Remedy. Failure to honor compromise terms allows restoration of appeal under the Code of Civil Procedure.

12 Dec 2024

The Supreme Court held that in cases of non-compliance with compromise terms, a party has the statutory right to seek restoration of an appeal. The Hi...

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