12 August 2024

Search Results for Tag : Defect

Judgments

National Commission has to exercise the jurisdiction only if State Commission or the District Forum either failed to exercise their jurisdiction or exceeded jurisdiction by acting illegally(02.08.2016)

Appellant-Society is a charitable institution running a girls hostel at Surat for the benefit of Adiwasi children. Appellant-Society purchased vitrifi.....

Tags : Defective tiles, Compensation, Liability

A Magistrate is expected to be vigilant and not a silent spectator while conducting a trial(08.01.2024)

The challenge in present Appeal is to the Judgment passed by the learned Metropolitan Magistrate, whereby the accused/ Respondents No.1 and 2 came to .....

Tags : Acquittal, Defect, Curing of

In the absence of verification under Order VI Rule 15A of CPC, the pleadings cannot be relied as evidence(20.05.2024)

The Petitioner herein/defendant before the Trial Court is aggrieved by an order of the learned Trial Court whereby Petitioner's application before the.....

Tags : Curable defect, Striking of Paragraph

Expert evidence is an essential requisite to prove inherent manufacturing defect(22.07.2024)

Complainant purchased Motorcycle (Splendor) from dealer on 17.03.2018. The motorcycle had issues from the very first day it was purchased. The complai.....

Tags : expert report, defects, compensation

International Cases

Prescription begins to run, when the creditor has the minimum facts necessary to institute action(04.10.2023)

The matter concerned the prescription of a claim which Mr. and Mrs. Mokhethi (the Respondents) had instituted against Mr. and Mrs. Stemmet (the appell.....

Tags : Prescription, Claim, Defects

News

SC: New Legislation Passed w/o Curing Defects of Ultra Vires Legislation Would also be Ultra Vires(08.09.2023)

Supreme Court has held that where a legislature merely seeks to validate acts carried out under previous legislation which has been struck down by a C.....

Tags : Supreme Court, Legislation, Defects, Ultra Vires

Ker. HC: Stringent Financial Penalties Must be Imposed for Acts of Defection(07.11.2023)

Kerala High Court while observing that current legal regime has been ineffective in curbing defection, has opined that time has come to contemplate on.....

Tags : Kerala High Court, Financial Penalties, Defection

Bom. HC: Government Can Engage in Post-Bid Negotiation With Lowest Bidder(19.12.2022)

Bombay High Court while setting aside the central government's decision to float new tenders for upgradation of the Loha-Kharwandi highway, has held t.....

Tags : Bombay High Court, Loha-Kharwandi highway, Tender, Technical Defect

Bom. HC: Assessee Cannot be Permitted to Raise Defect in Notice After 30 Years(15.01.2024)

Bombay HC has held that even assuming that there was a defect in the notice, the assessee cannot be permitted to raise the same after 30 years as it h.....

Tags : Bombay High Court, Income-tax Act, Defect

Bombay HC Takes Serious Note of Defective Ventilators Provided to Marathwada Region(26.05.2021)

Bombay High Court has taken serious note of at least 113 defective ventilators of the 150 ventilators provided to the Marathwada region through the PM.....

Tags : Bombay High Court, Defective Ventilators

Patna HC Seeks Reply from BSEB Officers on Non-Consideration of Defective TET Paper Questions(23.03.2022)

Patna High Court has sought reply from the Bihar School Examination Board (BSEB) officers on alleged non-consideration of more than the five defective.....

Tags : Patna High Court, Non-Consideration of Defective TET Paper Questions

SC Issues Notice in Plea Seeking Disqualification of Defected MLAs of MP Assembly(19.08.2020)

Supreme Court has sought response from the Speaker of Madhya Pradesh Assembly on the reason for not taking a decision on Petitions seeking disqualific.....

Tags : Supreme Court, Disqualification of Defected MLAs of MP Assembly

SC Seeks Statement from Speaker in Plea for Decision on Disqualification of Defected MLAs(23.09.2020)

Supreme Court has sought the statement of the Speaker in the plea seeking a decision by the Speaker of Madhya Pradesh Legislative Assembly on disquali.....

Tags : Supreme Court, Disqualification of Defected MLAs

ITAT, Kolkata: Non-Mentioning of Relevant Limb in Penalty Notice is Not Curable Defect(17.05.2022)

Income Tax Appellate Tribunal, Kolkata has ruled that the failure to mention a crucial limb in the penalty notice is not a curable defect, and the pro.....

Tags : Income Tax Appellate Tribunal, crucial limb, curable defect

SC: Credit Note Issued in Consideration of Replacement of Defective Part Attracts Sales Tax(17.05.2023)

Supreme Court has held that credit note issued by manufacturer of automobiles to its dealer in consideration of replacement of defective part pursuant.....

Tags : Supreme Court, Sales Tax, Credit Note, Defective Part

SC: BMW Directed to Pay Rs. 50 Lakhs as Compensation for Supply of Defective Car(15.07.2024)

Supreme Court has directed BMW to pay compensation of Rs. 50 Lakhs to a customer as compensation for supplying a defective car in 2009.

Tags : Supreme Court, Defective Car, BMW

Supreme Court Refers Anti-Defection Law Issue to Larger Bench(18.04.2017)

Supreme Court has referred the question 'Is an expelled lawmaker bound by anti-defection law that mandates an elected representative to follow his or .....

Tags : Supreme Court, Anti-Defection Law

Telangana High Court Serves Notice on Telangana Assembly, Council on Defections(15.03.2021)

Telangana High Court has served notices on the state legislative assembly and council, demanding an explanation within four weeks on how 12 MLAs and f.....

Tags : Telangana High Court, Defection

SC: As Decree was Passed After 38 Years, Defect of Suit Being Filed Before 5 Years of Tenancy Cured(13.07.2023)

Supreme Court while allowing the appeal of a landlord, who filed an eviction suit within 5 years of tenancy, observed that even though such suits are .....

Tags : Supreme Court, Tenancy, Defect, Eviction

SC: Substantive Right Should Not be Defeated Citing Procedural Defects Capable of Being Cured(07.07.2022)

Supreme Court has held that substantive right accrued to the litigant should not be defeated citing a procedural defect capable of being cured.

Tags : Supreme Court, Substantive Rights, Procedural Defects

SC Denies to Consider Again It’s Verdict on Anti-Defection Law(03.08.2016)

SC has denied to re-consider its two-decade-old verdict on anti-defection law holding that an elected or nominated member of Parliament of a political.....

Tags : SC , Anti-Defection Law

Supreme Court Sets Time Limit for Speakers to Conclude Disqualification Proceedings(22.01.2020)

Supreme Court has set the outer limit as three months for concluding disqualification proceedings against defectors in anti-defection cases. The Court.....

Tags : Supreme Court, Anti- Defection

MP HC: Minor Differences in Nomination Form Can’t be Called Substantial Defect(26.08.2024)

Madhya Pradesh High Court has held that mere minor differences in the nomination form or non-disclosure of some information regarding dues cannot be s.....

Tags : MP High Court, Nomination, Substantial Defect

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