Insolvency and Bankruptcy Code, 2016, Section 9 -- Application u/s 9 of Code - Failure of NCLAT as first appellate authority to look into a very vital aspect, especially when NCLT has recorded a specific finding of fact, vitiates its order - Order of NCLAT dismissing application set aside - Matter remanded back for fresh consideration...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Amount paid in excess pursuant to order passed by Single Judge - Order set aside by Division Bench - Amount paid in excess has to be refunded and/or returned...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Lapse of acquisition of land - Landowners contended that possession of land is with them and no compensation has been paid - High Court granted stay restraining authority from taking coercive action in respect of land in question - Period during..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Writ petition - Maintainability - Challenging dismissal of application for rejection of suit on ground of no cause of action - Suit for permanent injunction was filed by plaintiff/respondent to restrain petitioner/defendant from infringing copyright - Whether plaintiff would succeed or not, cannot dictate existence of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - I.O neither found any material against petitioner nor his involvement in the case was proved - Name of petitioner was dropped in charge sheet - Even, earlier order of summoning of accused quashed and as such petitioner cannot again be summoned on application of prosecution - Order of summoning..........
Civil Procedure Code, 1908, Section 64(2) -- Scope - To get benefit of S.64(2) CPC, objector and/or subsequent purchaser has to plead and prove that he is the bona fide purchaser, who has entered into the transaction prior to the order of attachment...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 22 -- Property of senior citizen - Husband of petitioner/senior citizen executed Will in favour of petitioner creating life interest in her favour and as per recital in Will, petitioner can enjoy properties with absolute freedom including right to collect and take all income and to reside in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief originally claimed and relief as sought to be added mutually destructive and contradictory to each other - Held, amendment in pleadings, by way of adding mutually destructive inconsistent/contradictory pleas/relief/claims is not permissible - Order dismissing application, upheld...........
Constitution of India, 1950, Article 226, Income Tax Act, 1961, Section 148 -- Reopening of assessment - Dismissal of writ petition challenging re-assessment - Challenge as to - None of the grounds raised in writ petition, challenging re-assessment has been considered by High Court on merits - High Court dismissed the writ petition in an unreasoned order - The bereft..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of suit - Death of tenant - Eviction suit - Natural son of tenant has been substituted in his place - Tenant with his son was carrying business in the shop in question - In order to pursue eviction suit on the ground of bona fide and personal necessity of landlord, sufficient representation of tenant is through his..........
