Search Results for "Substantive Justice"

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Supreme Court Enhances Compensation for Heirs of Deceased in Motor Accident Claim, Clarifies 'Just Compensation' Principles Under Motor Vehicles Act, 1988

The Supreme Court heard an appeal by claimants dissatisfied with the compensation awarded by the High Court in a motor accident claim case. The victim...

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High Court Allows Writ Petition Quashing Municipal Corporation's Promotion Process for Superintending Engineer Posts Due to Non-Compliance with Court Directions and Violation of Service Rules

The High Court allowed a writ petition filed by four Executive Engineers of Municipal Corporation challenging their exclusion from promotion to Superi...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court of India Sets Aside Abatement of Second Appeals in Om Prakash Gupta Alias Lalloowa Case Due to Valid Substitution Applications Filed by Legal Representatives – Emphasizes Justice-Oriented Approach in Procedural Compliance

Substitution Applications Filed by Heirs of Deceased Respondents Held Valid; Supreme Court Highlights Proper Sequence for Abatement Proceedings. Cons...

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"Supreme Court Upholds Restoration of Suit for Specific Performance Despite Initial Procedural Dismissal: Cause of Action Distinction Under Order II Rule 2 CPC Clarified" "Procedural bars must yield to substantive justice when causes of action in separate suits are distinct."

1. Delay Condonation and Leave Granted The Supreme Court condoned the delay in filing the Special Leave Petitions (SLPs) and granted leave to appea...

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"Fraud Vitiates Contracts: Bombay High Court Upholds Termination Over Forged Bank Guarantees." "Integrity in public contracts remains paramount—fraud nullifies all claims."

The Bombay High Court dismissed the writ petition filed by Petitioner challenging the termination of its railway contract. The court held that the sub...

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Supreme Court Upholds Execution Court's Jurisdiction to Extend Time for Deposit in Specific Performance Case. Application for Extension of Time and Rescission Must be Treated as Part of Original Suit, Not Execution Proceedings.

The Supreme Court of India upheld the jurisdiction of the Execution Court to extend the time for depositing the balance sale consideration in a specif...