Search Results for "setting aside"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
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Search Results for "setting aside"

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Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case Due to Improper Repudiation Based on Delay in Intimation. The Court Held That Delay in Informing Insurer About Theft Does Not Automatically Disentitle Claimant If FIR Was Registered Promptly and Police Action Was Taken, Interpreting Condition No. 1 of the Insurance Contract in Favor of the Insured Under Consumer Protection Principles.

11 Feb 2022

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) which allowed a revision petition by the insurance compa...

Supreme Court

Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

10 Feb 2022

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Land Acquisition Case Due to Failure to Consider Pending Parallel Proceedings. The Court held that to avoid conflicting orders, appeals challenging the same acquisition notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 must be heard together, and remanded the matter for consolidated disposal.

10 Feb 2022

The dispute arose from a land acquisition initiated by the M.P. Housing Board under the Land Acquisition Act, 1894. The respondents, who purchased the...

Supreme Court

Supreme Court Quashes State Government's Order Rejecting Premature Release Application Due to Non-Application of Mind. Premature Release Must Be Considered Under Policy at Conviction Date, with Reasoned Assessment of Individual Circumstances Including Criminal History and Jail Conduct Under Article 21 of the Constitution.

10 Feb 2022

The Supreme Court adjudicated a petition under Article 32 of the Constitution, filed by a petitioner seeking enforcement of the right to life under Ar...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case on Maintainability of Suit Challenging Compromise Decree. The Court held that an independent suit to set aside a compromise decree is barred under Order XXIII Rule 3A of the Code of Civil Procedure, 1908, and the Trial Court correctly rejected the plaint under Order VII Rule 11(d).

9 Feb 2022

The dispute arose from a property gifted to the original plaintiff during his minority, which was later revoked, leading to a development agreement an...

Supreme Court

Supreme Court Upholds Senior Professor's Nomination as Head of Department in University Statute Dispute. The Court ruled that relinquishment of a claim for HOD appointment in one rotational term does not permanently bar consideration in subsequent terms under Statute 18 of the Cochin University of Science and Technology Act, emphasizing seniority and academic continuity.

7 Feb 2022

The appeal arose from a dispute over the nomination of a Head of Department (HOD) at the Cochin University of Science and Technology. The appellant an...

Supreme Court

Supreme Court Quashes Bail Order in Companies Act Case, Clarifying Statutory Bail Under Section 167(2) CrPC. The Court held that filing of complaint before expiry of prescribed period extinguishes right to statutory bail, regardless of cognizance being taken, under Section 167(2) of Code of Criminal Procedure, 1973.

7 Feb 2022

The Supreme Court heard an appeal by the Serious Fraud Investigation Office (SFIO) against a bail order dated 31.05.2019 passed by the High Court of P...

Supreme Court

Supreme Court Reinstates Premature Retirement Order of Head Constable Under Fundamental Rules and CCS (Pension) Rules. The Court Held That Judicial Review of Compulsory Retirement Is Limited to Mala Fides, Arbitrariness, or Perversity, and Entire Service Record Including Old Adverse Entries and Uncommunicated Remarks Can Be Considered.

4 Feb 2022

The appeal arose from an order of the Delhi High Court that set aside the premature retirement of a Head Constable under Rule 56(j) of the Fundamental...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Reviews Industrial Dispute Over Contract Labour Wages and Settlement Binding Under Industrial Disputes Act, 1947. High Court Sustained Tribunal Award on Substantive Issues but Remanded for Individual Wage Scale Determination Due to Tribunal's Failure to Apply Basis to Facts.

4 Feb 2022

The dispute originated from a Direct Action notice raised by the Oil Field Employees Association on 26 August 2016, representing workmen engaged by co...

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