Search Results for "principles of natural justice"

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Supreme Court

Supreme Court Quashes Deemed Conveyance Order in Maharashtra Ownership Flats Act Case Due to Lack of Jurisdiction Over Third-Party Rights. The competent authority under Section 5A of the Maharashtra Ownership Flats Act, 1963 exceeded its jurisdiction by granting deemed conveyance of property not covered by flat purchase agreements, affecting appellant's rights allotted under a dissolution deed.

21 Apr 2025

The dispute arose from a partnership firm dissolution in 1987, where a larger plot was partitioned between Lalbhai H. Shah (predecessor of respondents...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case, Clarifying Jurisdiction Requirements Under Arbitration and Conciliation Act, 1996. The Court Held That Service of Section 21 Notice and Inclusion in Section 11 Application Are Not Prerequisites for Arbitral Tribunal to Exercise Jurisdiction Over a Person, and Impleadment is Based on Being Party to Arbitration Agreement.

17 Apr 2025

The dispute arose from an agreement dated 01.06.2012 between the appellant and respondent no. 1 to form a Limited Liability Partnership (respondent no...

Supreme Court

Supreme Court Allows Bank's Appeal on Jurisdiction in Employment Dispute Due to Exclusive Jurisdiction Clause. Exclusive jurisdiction clauses in employment contracts specifying Mumbai courts are binding and oust jurisdiction of other courts where suits were filed in Patna and Delhi under Section 20 of the Code of Civil Procedure, 1908.

8 Apr 2025

The dispute arose from two civil appeals concerning jurisdiction in employment termination cases. In the lead appeal, an employee, Rakesh, appointed b...

Supreme Court

Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

7 Apr 2025

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...

Supreme Court

Supreme Court Partially Sets Aside High Court Judgment Annulling Entire Recruitment Process and Directs Fresh Scrutiny for Validly Selected Candidates. The Court held that blanket cancellation without distinguishing between tainted and untainted appointments violates principles of natural justice and proportionality under the West Bengal School Service Commission Act, 1997 and related recruitment rules, requiring individual examination of each selectee's case.

3 Apr 2025

The Supreme Court considered appeals challenging the Calcutta High Court's judgment dated 22.04.2024, which had set aside the entire 2016 selection pr...

Supreme Court

Supreme Court Allows Complainant's Appeal in Criminal Procedure Case, Reinstating Summons Under Section 319 CrPC. The High Court's Premature Interference with Trial Court's Summons Based on Eyewitness Evidence and Prima Facie Satisfaction Was Set Aside, Emphasizing the Court's Duty to Ensure Justice Under Section 319 of the Code of Criminal Procedure, 1973.

26 Mar 2025

The Supreme Court heard appeals against an order of the Punjab and Haryana High Court which had set aside summons issued under Section 319 of the Code...

Supreme Court

Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

20 Mar 2025

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

Supreme Court

Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

17 Mar 2025

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

High Court

Extension of Time for Hotel Construction Without Additional Lease Premium. Court Sets Aside CIDCO’s Termination Notice, Grants Extension for Hotel Project with Waiver of Additional Lease Premium

13 Mar 2025

Arbitrary Action Violates Article 14: The Court held that CIDCO’s actions were arbitrary and violated the principles of equality under Article 1...

High Court

High Court of Bombay Set Aside Patent Application Rejection Due to Procedural Lapses and Non-Consideration of Material Evidence. Detailed Scrutiny Ordered for Patent Application with Direction for Reassignment to a Different Officer.

11 Mar 2025

a) Breach of natural justice due to lack of notice on critical objections. b) Misappreciation of documentary evidence, including the Deed of Assignmen...

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