Search Results for "preliminary objection"

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

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Supreme Court Allows Appeal in Consumer Protection Case, Reversing NCDRC's Dismissal on Consumer Status. Overdraft Facility Availed by Stockbroker for Business Qualifies as Consumer Service Under Exception for Self-Employment Livelihood in Section 2(1)(d)(ii) of Consumer Protection Act, 1986.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dismissing a consumer complaint on the ground that the...

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Supreme Court Quashes Bihar Government Notification Granting Scheduled Tribe Status to Lohar Community as Unconstitutional - State Lacks Authority Under Article 342 of Constitution to Specify Scheduled Tribes, Causing Violation of Fundamental Rights Under Articles 14 and 21.

The dispute involved a writ petition under Article 32 of the Constitution filed by four petitioners challenging a notification issued by the Governmen...

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Supreme Court Allows Decree Holder's Appeal in Execution of Foreign Money Decree Under Section 44A CPC. High Court of Delhi Held to Have Jurisdiction as Principal Civil Court of Original Jurisdiction When Decretal Amount Exceeds Pecuniary Limits Under Section 5(2) of Delhi High Court Act, 1966.

The dispute arose from the execution of a money decree dated 7th February 2006, passed by the High Court of Justice, Queen’s Bench Division, Commerc...

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Supreme Court Upholds Disqualification of MLA for Voluntarily Giving Up Party Membership Based on Newspaper Reports and Lack of Specific Denial. Speaker's reliance on newspaper reports and photographs held sufficient to infer voluntary abandonment of party membership under Tenth Schedule.

The appellant, Shri Kshetrimayum Biren Singh, was elected as a Member of the Manipur Legislative Assembly in March 2017 as a candidate of the Indian N...