Search Results for "void ab initio"

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Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Void Sale Deeds and Limitation Bar. Court Holds Sale Deeds Void for Lack of Consideration and Suits Within Limitation as Original Plaint Challenged Validity, Setting Aside High Court Order Under Limitation Act, 1963, Article 58 and Transfer of Property Act, 1882.

22 Nov 2021

The dispute arose between brothers Kewal Krishan (appellant) and Sudarshan Kumar (respondent) over joint ownership of properties acquired in 1976. In ...

Supreme Court

Supreme Court Dismisses Trade Union's Petition Against Disinvestment of Government Shareholding in Public Sector Undertaking. Disinvestment Policy Upheld as Within Executive Domain, and Previous Litigation Barred Re-agitation Under Res Judicata in Public Interest Litigation Under Article 32 of Constitution.

18 Nov 2021

The National Confederation of Officers Association of Central Public Sector Enterprises, a trade union registered under the Trade Unions Act 1926, alo...

Supreme Court

Supreme Court Allows Appeal of Daily Wage Employees in Industrial Disputes Act Case, Reinstating Tribunal Award. Termination Without Section 25F Compliance Held Void Regardless of Appointment Irregularity Under Industrial Disputes Act, 1947.

27 Oct 2021

The dispute originated from the termination of daily wage non-teaching staff at Sree Sankaracharya University of Sanskrit. The employees were initiall...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Dismisses Appeals in Land Tenancy Dispute, Upholding Protected Tenant's Ownership Rights. Oral Surrender of Protected Tenancy Rights Held Invalid Under Section 19 of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, and Occupancy Rights Granted in 1982 Annulled as Ownership Had Already Vested in Protected Tenant Under Section 38-E from 1973.

1 Oct 2021

The dispute concerned conflicting claims over agricultural land between the legal heirs of a purchaser and a protected tenant. The purchaser's predece...

Supreme Court

Supreme Court Allows State's Appeal in Urban Land Ceiling Repeal Case Based on Possession Taken Over. Vesting Under Section 11(3) of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 Saved as Land Owner Voluntarily Surrendered Possession, Satisfying Section 3 of Repeal Act, 1999.

20 Sep 2021

The Supreme Court of India heard civil appeals filed by the State of Tamil Nadu and officials from the Department of Urban Land Ceiling, challenging o...

Supreme Court

Supreme Court Upholds Landowners' Challenge to Tamil Nadu Land Acquisition Laws Revival Act, 2019 on Grounds of Separation of Powers and Constitutional Invalidity. The Court held that legislative revival of enactments declared unconstitutional due to repugnancy under Article 254 of the Constitution is impermissible without re-enactment and fresh Presidential assent, as it overrules judicial determination and violates constitutional limits.

29 Jun 2021

The Supreme Court of India, in a civil original jurisdiction writ petition, addressed a constitutional dispute concerning the separation of powers and...

Supreme Court

Supreme Court Dismisses Contempt Petitions and Writ Petition Challenging Termination of Assistant Engineers in Recruitment Scam Case. The Court upheld the termination orders as valid exercise of liberty granted earlier, finding no contempt or violation of natural justice, based on investigation reports indicating corruption in the selection process.

3 Jun 2021

The dispute arose from the termination and subsequent re-engagement of Assistant Engineers appointed by Uttar Pradesh Jal Nigam through a recruitment ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 - Family MoU Binding on Shareholders. The court held that a family Memorandum of Understanding containing an arbitration clause constitutes a valid arbitration agreement, enforceable under Section 11 of the Arbitration and Conciliation Act, 1996, and binding on heirs and successors.

6 Apr 2021

The appeal arose from the dismissal of a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Delhi...

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