Search Results for "Finality"

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Supreme Court Rejected Pay Revision of 2015 – Held Unfair Labour Practice. Labour Law – Industrial Disputes – Pay Fixation – Supreme Court Affirmed 2010 Pay Fixation – Quashed 2015 Revision – No Recovery from Workmen Permitted

Constitution of India, 1950 – Article 136 – Special Leave Petition – Labour Rights – Supreme Court Declined Interference &ndas...

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Bombay High Court dismissed writ petition seeking transfer to a specific government medical college, upholding admission rules and finality of seat allotment process.

Desire for specific college admission cannot override established admission rules – Status retention form submission bars participation in subsequen...

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Jurisdictional Overreach by ITAT – Income Classification Dispute – Real Income Theory – Remand for Limited Adjudication

ITAT’s Jurisdiction Under Section 254(2) of the Income Tax Act, 1961 – Set Aside for Exceeding Mandate – Remanded for Limited Adjudication The ...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Tenant’s Right to Purchase Tenanted Land Under Maharashtra Tenancy and Agricultural Lands Act, 1948 – Whether Barred by Res Judicata and Failure to Issue Intimation Within Statutory Period?

Landlord’s Obligation to Intimate Tenant of Attaining Majority – Retrospective Application of 1969 Amendment – Tenant’s Right to Purchase Land...

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Civil Suit for Declaration of Title and Possession — Res Judicata, Limitation, and Representative Suit Discussed — Supreme Court Set Aside High Court’s Decree and Dismissed the Suit.

A suit filed in a representative capacity cannot override the conclusive effect of a decree already attained finality, and res judicata shall bar any ...

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Supreme Court Upholds Demand Notices for Recovery of Rebate on Electricity Tariff. Promissory Estoppel Yields to Public Interest – Rebate Withdrawal Validated

The Supreme Court dismissed the appeals, holding that: The appellants were not entitled to the rebate under the notification dated 30.09.1991, as the...

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Constitution of India, 1950 – Article 226 – Judicial Review in Disciplinary Proceedings – Preponderance of Probabilities as Standard of Proof in Departmental Enquiries – Limited Scope of Interference in Intra-Court Appeal.

Supreme Court upheld dismissal from service imposed on an Assistant Engineer convicted of bribery, emphasizing that judicial review in disciplinary ma...