HC's Decision Based On Admitted Documents & Not Disputed Facts: Supreme Court Dismisses Orissa Govt Plea
1 year, 4 months ago

HC's Decision Based On Admitted Documents & Not Disputed Facts: Supreme Court Dismisses Orissa Govt Plea

Live Law  

The Supreme Court recently upheld the judgment by the Orissa High Court in a land dispute involving the Industrial Infrastructure Development Corporation of Orissa and the heirs of a late Surgeon Vice Admiral. The Vice Admiral had filed a writ petition against the State of Orissa and IDCO before the High Court of Orissa. The Court concluded that the High Court's decision was based on documented evidence rather than disputed facts, and that the State's objections to the judgment on these grounds were unwarranted. The State assumed the power of re-entry of the land settled on a higher pedestal and that the resumption of land in favour of the State as automatic.” The Apex Court concluded The Apex Court concluded that the High Court had considered the prayers not by entertaining a finding on a disputed question of fact but on the material on record and dismissed the appeal.

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History of this topic

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court
4 months, 3 weeks ago

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court

Live Law  

The Orissa High Court has held that disciplinary proceedings initiated against a judicial officer cannot be quashed merely because the allegations, on the basis of which the action was taken, was not supported by a duly sworn-in affidavit. The requirement for sworn affidavits and verifiable material ensures that the process is fair and that decisions are not arbitrary.” Factual Background …

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case
1 year, 11 months ago

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case

Live Law  

The Orissa High Court has recently declined to interfere in an appeal against acquittal of some persons, which was recorded by a Magistrate Court in 1994, for allegedly cutting and removing away paddy from the complainant’s field. While dismissing the appeal, the Single Judge Bench of Justice Gourishankar Satapathy said: “One of the important facts, which weighed in the mind …

Writ Petition Is Not A Proper Remedy If There Are Seriously Disputed Questions Of Facts: Andhra Pradesh High Court
2 years, 9 months ago

Writ Petition Is Not A Proper Remedy If There Are Seriously Disputed Questions Of Facts: Andhra Pradesh High Court

Live Law  

In a recent case, a writ petition was dismissed as in the facts of the case there were seriously disputed questions for which evidence was required. The Respondent contended that the petitioners never approached since 1989 till the present Writ Petition was filed in 2021. There were seriously disputed questions of fact which could not be decided in a writ …

HC May Decline To Entertain A Writ Petition Which Raises Complex Questions Of Facts: SC [Read Judgment]
4 years, 8 months ago

HC May Decline To Entertain A Writ Petition Which Raises Complex Questions Of Facts: SC [Read Judgment]

Live Law  

The High Court may decline to entertain a writ petition when it raises complex questions of facts, the Supreme Court has reiterated. In this case,one Atmanand Singh had filed a writ petition before the High Court praying for direction to Punjab National Bank to pay his lawful admitted claims in terms of agreement and also to deposit the income-tax papers …

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