Search Results for "Finality"

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Supreme Court Quashes Karnataka High Court Order on Delay Condonation and Leave to Appeal. Transferee Pendente Lite Cannot Challenge Decree Without Leave – Delay of 586 Days Not Justified.

Constitution of India, 1950 – Code of Civil Procedure, 1908 – Transfer of Property Act, 1882 Article 136 – Appellate Jurisdiction of Supreme ...

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Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

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Supreme Court Dismisses Appeal Challenging Limitation in Arbitration Award Dispute. Applicability of Limitation Act Provisions to Section 34(3) of Arbitration and Conciliation Act Clarified.

Applicability of Section 4 of the Limitation Act to Section 34(3) of the ACA Does Section 4 apply to the additional 30-day condonable period when it ...

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"Supreme Court Overrules High Court Order on Land Ceiling Act: Landmark Verdict Upholds Finality of Ceiling Proceedings" "Res judicata prevails; family settlements rejected in surplus land declaration under the UP Ceiling Act."

The Supreme Court of India set aside the High Court's order that invalidated surplus land proceedings under the Uttar Pradesh Imposition of Ceiling on...

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"State of Maharashtra v. Deepak Buradkar: A Clash of Law, Ownership, and Justice" Balancing rights, procedural rigor, and allegations of malice in timber trade.

This case deals with a legal battle over the confiscation of timber logs, allegations of unauthorized transportation, malicious prosecution, and the e...

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Reaffirming Arbitral Awards: Indian High Court Upholds International Arbitration Award.

The Bombay High Court enforced an arbitral award passed by the International Court of Arbitration, London, affirming the legality of an assignment of ...

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"Bombay High Court Dismisses B.V. Jewels' Plea, Upholds Interest Demand on Customs Liability" "Customs Act’s interest provisions reaffirmed; liabilities clarified."

Acts and Sections Discussed: Customs Act, 1962: Section 18(3): Interest on final/re-assessment orders. Section 28: Recovery of duties not levie...

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"Supreme Court Ruling: Second Complaint Dismissed as Non-Maintainable" "The Supreme Court reinforces limitations on filing repeated complaints on identical facts after judicial acceptance of a final report."

Acts and Sections Discussed Code of Criminal Procedure (Cr.P.C.), 1973 Section 173: Final Report after police investigation. Section 156(3): ...

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Case on Pre-emption Rights in Hindu Succession for Co-Heirs and Application of Hindu Succession Act, 1956. A detailed analysis of the right of pre-emption among Class I heirs, testamentary succession, and limitations under Hindu Succession Act, 1956, with reference to family property and co-heir rights.

This case examines the right of pre-emption among Class I heirs in Hindu succession when property devolves upon them. The appellants, heirs of Sushila...

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"Bombay High Court Condonation of Delay in Filing Arbitration Challenge" "Justice Arif S. Doctor condones a 14-day delay in filing under Section 34, interpreting procedural requirements for signed arbitral awards in light of mandatory statute compliance."

1. Introduction and Parties The case involves the Mumbai Metropolitan Region Development Authority (MMRDA) as the petitioner and Mumbai Metro One Pvt...