Search Results for "alternative remedy"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

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Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Allows State's Appeal Against High Court's Quashing of VAT Assessment Orders. High Court Erred in Entertaining Writ Petitions Under Article 226 When Alternative Statutory Remedy of Appeal Was Available to Assessees Under Andhra Pradesh Value Added Tax Act.

3 Jan 2022

The dispute arose from VAT assessment proceedings where the Assessing Officer passed assessment orders for various years against registered dealers. T...

Supreme Court

Supreme Court Quashes Contempt Conviction Against Officials in Agricultural Produce Levy Case Due to Lack of Willful Disobedience and Improper Fact-Finding in Contempt Proceedings. High Court Erred by Examining Evidence and Imposing Liability When a Committee Was Constituted to Decide Disputed Facts Under the Assam Agricultural Produce Market Act, 1972.

26 Oct 2021

The appeal arose from a contempt conviction by the High Court against officials for willful disobedience of its order regarding cess levy under the As...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal on NGT's Suo Motu Jurisdiction. The Court held that the National Green Tribunal lacks suo motu powers under the National Green Tribunal Act, 2010, as it is a statutory tribunal without inherent jurisdiction, but can act on epistolary jurisdiction based on letters from interested parties.

7 Oct 2021

The Supreme Court of India, in a civil appeal led by the Municipal Corporation of Greater Mumbai against Ankita Sinha and others, addressed the jurisd...

Supreme Court

Supreme Court Allows Appeal in Electricity Duty Case Due to Statutory Interpretation. Levy Under Bihar Electricity Duty Act 1948 Not Applicable as Supply Was to Licensee, Not Consumer as Defined Under Sections 2(b) and 2(ee).

24 Sep 2021

The appeal arose from a judgment of the Patna High Court dated 18 September 2017, which declined to entertain a writ petition filed by the appellant, ...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

Supreme Court

Supreme Court Sets Aside High Court Order in GST Case Due to Availability of Statutory Alternative Remedy. High Court Erred in Entertaining Writ Petition Under Article 226 of Constitution as No Exceptional Circumstances Like Breach of Fundamental Rights or Violation of Natural Justice Were Established, and Respondent Should Have Availed Remedy Under Section 107 of Central Goods and Services Tax Act, 2017.

3 Sep 2021

The dispute arose from a judgment of the High Court of Telangana dated 4 March 2020, which set aside the action of the Assistant Commissioner of State...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Case Due to Lack of Prima Facie Offence and Abuse of Process. Inherent Powers Under Section 482 of the Code of Criminal Procedure, 1973 Exercised to Prevent Abuse as FIR Disclosed Only Vague Allegations and Civil Disputes Over Property, Not Criminal Offences Under Sections 420, 467, 468, and 471 of the Indian Penal Code, 1860.

2 Sep 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition against a judgment of the High Court of Judicature at Allahab...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case Due to Unregistered Tenancy and Lack of Evidence. Tenant's Claim of Prior Tenancy Fails as It Exceeded One Year Without Registered Instrument Under Section 107 of Transfer of Property Act, 1882, and Tenant-in-Sufferance Not Protected Under SARFAESI Act.

17 Aug 2021

The dispute arose from a criminal appeal before the Supreme Court challenging orders of the Chief Metropolitan Magistrate, Mumbai, which rejected the ...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

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