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Posts by Rawlaw

Home - Archives for Rawlaw - Page 258

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Supreme Court Upholds High Court Decision Allowing Extension of Time for Balance Payment Under Specific Performance Decree: “Executing Courts Have Discretion Under Section 28 to Extend Time Without Defeating Decrees”
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Supreme Court Upholds High Court Decision Allowing Extension of Time for Balance Payment Under Specific Performance Decree: “Executing Courts Have Discretion Under Section 28 to Extend Time Without Defeating Decrees”

Court’s Decision: The Supreme Court dismissed the appeals filed by the judgment debtors (defendants) and upheld the High Court's judgment affirming the orders of the executing court. The executing court…
Posted by Rawlaw January 17, 2025
High Court of Jammu & Kashmir and Ladakh Upholds Lok Adalat Award in Matrimonial Dispute: "Finality of Compromise Awards Must Be Respected"; Dismisses Challenge as Abuse of Judicial Process
Posted inNews

High Court of Jammu & Kashmir and Ladakh Upholds Lok Adalat Award in Matrimonial Dispute: “Finality of Compromise Awards Must Be Respected”; Dismisses Challenge as Abuse of Judicial Process

Court’s Decision The High Court of Jammu & Kashmir and Ladakh dismissed three connected petitions challenging the award passed by the National Lok Adalat at Pulwama. The court held that…
Posted by Rawlaw January 17, 2025
Supreme Court Declines to Declare High Court Judgment Illegal: "Remedy Lies in Recall or Appeal Under Article 136"; Reaffirms Procedural Discipline and Alternative Remedies
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Supreme Court Declines to Declare High Court Judgment Illegal: “Remedy Lies in Recall or Appeal Under Article 136”; Reaffirms Procedural Discipline and Alternative Remedies

Court’s Decision The Supreme Court dismissed the writ petition filed under Article 32 of the Constitution. The petition sought to declare a Bombay High Court judgment as illegal. The Supreme…
Posted by Rawlaw January 17, 2025
Delhi High Court Quashes Income Tax Notice Issued to Deceased Assessee; Holds Failure to Notify Legal Heirs as Jurisdictional Defect Under Section 148A(b) of the Income Tax Act
Posted inNews

Delhi High Court Quashes Income Tax Notice Issued to Deceased Assessee; Holds Failure to Notify Legal Heirs as Jurisdictional Defect Under Section 148A(b) of the Income Tax Act

Court’s Decision: The Delhi High Court quashed the notice issued to a deceased assessee under Section 148A(b) of the Income Tax Act, 1961, and all consequential proceedings arising from it.…
Posted by Rawlaw January 17, 2025
Supreme Court Quashes Charges of Abetment to Suicide Against Loan Recovery Agent; Holds Evidence Lacks Mens Rea and Proximity Required Under Section 306 IPC
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Supreme Court Quashes Charges of Abetment to Suicide Against Loan Recovery Agent; Holds Evidence Lacks Mens Rea and Proximity Required Under Section 306 IPC

Court’s Decision The Supreme Court discharged the appellant, Mahendra Awase, from charges under Section 306 of the Indian Penal Code (IPC) related to abetment of suicide. It ruled that the…
Posted by Rawlaw January 17, 2025
Delhi High Court Reaffirms Civil Court Jurisdiction Over Hawker Disputes; Quashes ADJ’s Order Misapplying Street Vendors Act to Bar Compensation and Injunction Claims
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Delhi High Court Reaffirms Civil Court Jurisdiction Over Hawker Disputes; Quashes ADJ’s Order Misapplying Street Vendors Act to Bar Compensation and Injunction Claims

Court’s Decision The Delhi High Court ruled that civil courts retain jurisdiction over disputes involving hawkers and street vendors unless explicitly barred by statute. It quashed the Additional District Judge’s…
Posted by Rawlaw January 17, 2025
Supreme Court Mandates Hygienic and Inclusive Toilet Facilities in All Court Complexes Nationwide; Declares Lack of Sanitation a Violation of Fundamental Rights Under Article 21
Posted inNews

Supreme Court Mandates Hygienic and Inclusive Toilet Facilities in All Court Complexes Nationwide; Declares Lack of Sanitation a Violation of Fundamental Rights Under Article 21

Court’s Decision The Supreme Court of India recognized sanitation as an essential aspect of the right to life under Article 21 of the Constitution. It issued comprehensive directions to ensure…
Posted by Rawlaw January 17, 2025
Delhi High Court Disposes Contempt Petition Against SDM for Failing to Enforce Employee's Compensation Order; Directs Action on Absconding Employer to Ensure Implementation
Posted inNews

Delhi High Court Disposes Contempt Petition Against SDM for Failing to Enforce Employee’s Compensation Order; Directs Action on Absconding Employer to Ensure Implementation

Court’s Decision The Delhi High Court disposed of a contempt petition against the Sub Divisional Magistrate (SDM) for non-compliance with a previous court order directing enforcement of a compensation award.…
Posted by Rawlaw January 17, 2025
Supreme Court: "A Party Shall Not Be Vexed Twice for the Same Cause; Second Suit for Specific Performance Allowed as Distinct Causes of Action Justify Separate Proceedings Under Order II Rule 2 CPC"
Posted inNews

Supreme Court: “A Party Shall Not Be Vexed Twice for the Same Cause; Second Suit for Specific Performance Allowed as Distinct Causes of Action Justify Separate Proceedings Under Order II Rule 2 CPC”

1. Court's Decision: The Supreme Court ruled in favor of the respondent, holding that the second suit was not barred under Order II Rule 2 CPC. It emphasized: The two…
Posted by Rawlaw January 17, 2025
Delhi High Court: "Voluntary Retirement Deemed Accepted as Bank Failed to Refuse Within Notice Period; Disciplinary Proceedings After Retirement Held Invalid"
Posted inNews

Delhi High Court: “Voluntary Retirement Deemed Accepted as Bank Failed to Refuse Within Notice Period; Disciplinary Proceedings After Retirement Held Invalid”

Court’s Decision The Delhi High Court ruled in favor of the appellant, holding that his voluntary retirement under Regulation 29(2) of the Punjab National Bank (Pension) Regulations, 1995, became effective…
Posted by Rawlaw January 17, 2025

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Recent News

  • Supreme Court of India holds miscellaneous application not maintainable after dismissal of special leave petition — “Court becomes functus officio,” recall plea rejected
  • Supreme Court of India: Post-retirement disciplinary penalty valid if proceedings began in service — “Deemed continuation allows pay reduction affecting pension,” appeal dismissed
  • Delhi High Court — Volkswagen fails to block Maruti Suzuki’s ‘TRANSFORMOTION’ trademark — Court finds no deceptive similarity with ‘4MOTION’
  • Supreme Court of India holds state cannot be judge in its own cause in contractual disputes — “Clause barring arbitration and courts read down, arbitral award restored”
  • Supreme Court of India holds reserved category candidates can migrate to open category despite TET relaxation — “Eligibility relaxation does not dilute merit,” merit list exclusion quashed
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