Search Results for "Non-compliance"

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"Supreme Court Ensures Procedural Justice in Rajasthan Urban Land Acquisition" Balancing public utility with the constitutional right to property.

The case Urban Improvement Trust v. Smt. Vidhya Devi & Ors. revolves around the validity of land acquisition proceedings under the Rajasthan Urban...

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Supreme Court Upholds Auction Validity: Battle Over Mortgage Redemption and Property Title. A landmark ruling interpreting the SARFAESI Act clarifies borrower and auction purchaser rights amidst contested mortgage and property transfer cases.

The Supreme Court adjudicated a dispute arising from a public auction under the SARFAESI Act involving Celir LLP (auction purchaser), Sumati Prasad Ba...

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Supreme Court Sets Aside Consumer Commission Orders after 28 Years of Litigation. A protracted dispute over a plot allotment highlights procedural irregularities and judicial overreach in granting relief.

The Supreme Court quashed the orders of the State and National Consumer Disputes Redressal Commissions granting possession of a plot after 28 years. T...

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Upholding Procedural Validity in SARFAESI Proceedings. "Reaffirming the ministerial role of courts under Section 14 of the SARFAESI Act."

The Bombay High Court, examined procedural aspects under the SARFAESI Act concerning the non-compliance with the requirements of Section 13(2) and Sec...

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Restoration of Appeal Allowed: Compromise Non-compliance Entitles Statutory Remedy. Failure to honor compromise terms allows restoration of appeal under the Code of Civil Procedure.

The Supreme Court held that in cases of non-compliance with compromise terms, a party has the statutory right to seek restoration of an appeal. The Hi...

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"Supreme Court Quashes Arbitrary Land Allotment to Housing Society" Transparency and fairness in public land allotment upheld.

Supreme Court of India Sets Aside Arbitrary Allotment of Government Land to Housing SocietyIn Proposed Vaibhav Cooperative Housing Society Limited v. ...

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"Bombay HC Refuses to Quash FIR in 498-A Case, Cites Judicial Defiance and Prima Facie Evidence" “Compliance with judicial orders and allegations of cruelty under Section 498-A IPC weigh against quashing proceedings under Section 482 Cr.P.C.”

The Bombay High Court dismissed an application seeking quashing of FIR and criminal proceedings under Section 482 Cr.P.C., citing continued non-compli...

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Lapsing of Land Acquisition Proceedings: Bombay High Court Reiterates Compliance with Section 11A. "Justice Delayed in Acquisition Cannot Override Rights Protected by the Law"

The Bombay High Court quashed the impugned acquisition order, holding that the land acquisition proceedings concerning the petitioners' lands had laps...

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Supreme Court on Compliance and Contempt: Implementing Judicial Directives with Precision. Ensuring Rule of Law Through Accountability in Compliance of Judicial Orders.

The Supreme Court adjudicated a series of contempt petitions alleging deliberate non-compliance with its orders dated 21.11.2014, 17.05.2022, and 19.0...

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“Fair Hearing, Delayed Resolution: Judicial Discretion in SEBI’s Show-Cause Notice” Balancing justice and due process amidst allegations of delay, laches, and procedural fairness.

The Bombay High Court dismissed a petition challenging a show-cause notice issued by SEBI, emphasizing the need for judicial restraint in interfering...