Search Results for "setting aside"

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Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Sets Aside NCLAT Order in Insolvency Appeal Due to Lack of Reasonable Opportunity of Hearing. The Court held that the appellant was deprived of a hearing as notice was undelivered and the order was passed in its absence after remand, restoring the matter to the Appellate Tribunal for fresh decision on merits under Section 9 of the Insolvency and Bankruptcy Code, 2016.

28 Mar 2022

The Supreme Court addressed an appeal concerning an order passed by the National Company Law Appellate Tribunal in an insolvency matter. The dispute o...

Supreme Court

Supreme Court Allows State Appeal in U.P. Excise Act Interest Dispute, Holding Licensee Liable for Interest Despite Interim Stay. Interest on Arrears of Excise Revenue is Payable Under Section 38A of U.P. Excise Act, 1910, as Interim Stay Only Suspended Recovery Without Nullifying Statutory Obligation.

25 Mar 2022

The dispute arose from the respondent's license for retail sale of country liquor in Uttar Pradesh for the year 2002-03. The respondent applied for su...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

23 Mar 2022

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

Supreme Court

Supreme Court Allows Landowner's Appeal Against High Court's Grant of Additional Acquisition Time in Town Planning Case. Statutory timelines under Sections 126 and 127 of Maharashtra Regional and Town Planning Act, 1966 are mandatory and courts cannot extend them beyond prescribed periods, setting aside direction for one-year additional acquisition time after reservation lapsed.

23 Mar 2022

The dispute concerned land reserved for a playground in Latur's Development Plan under the Maharashtra Regional and Town Planning Act, 1966. The appel...

Supreme Court

Supreme Court Allows Civil Suit and Sets Aside High Court Order Rejecting Plaint Under Order 7 Rule 11 CPC. The Court Held That Defendants Cannot Take Contradictory Stands on Jurisdiction Under the Doctrine of Approbate and Reprobate, Preventing the Plaintiff from Being Left Remediless Under Section 257 of the M.P. Land Revenue Code, 1959.

23 Mar 2022

The dispute originated when the plaintiff filed proceedings before the Revenue Authority under Section 250 of the M.P. Land Revenue Code, 1959. The de...

Supreme Court

Supreme Court Sets Aside High Court and Tribunal Orders Quashing Disciplinary Punishment in Service Law Case - Doctrine of Equality Not Applicable and Violation of Natural Justice Requires Remand for Fresh Enquiry. The Court held that the Doctrine of Equality cannot justify setting aside punishment when charges are proved, and a vitiated enquiry due to non-supply of documents must be remanded to the Disciplinary Authority for fresh proceedings from the vitiated stage.

22 Mar 2022

The dispute arose from disciplinary proceedings against a Junior Engineer in Uttar Pradesh, who was found guilty of financial irregularities causing a...

Supreme Court

Supreme Court Upholds Land Acquisition Lapse Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The acquisition was declared lapsed due to non-payment of compensation and non-taking of possession, despite pending proceedings under the Karnataka Land Reforms Act, 1961.

22 Mar 2022

The dispute arose from land acquisitions by the Agricultural Produce Marketing Committee, Bangalore, for establishing a mega market, involving multipl...

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 Sets Aside High Court Judgment in Service Promotion Case Due to Factual Error and Overlapping Issues. The Court Ordered Transfer of Writ Petition from Allahabad High Court to Delhi High Court for Joint Hearing with Related Petition Regarding Promotion Grievances Across Multiple Years.

22 Mar 2022

The dispute originated from the appellant's grievance regarding non-promotion from Deputy Manager (Scale III) to Manager (Scale IV) in an insurance co...

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