High Court

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High Court

Bombay High Court Considered Promoter's Second Appeals Against Maharashtra Real Estate Appellate Tribunal Orders on Interest Compensation and Dismissal Under RERA Pre-Deposit. The Court examined whether delays attributed to no objection certificates and occupation certificates can be blamed on the promoter, whether allottees' approval of possession date extension waives interest, and whether interest can be retrospective under Section 4(2)(c) read with Rule 4 of the Real Estate (Regulation and Development) Act, 2016....

The matter concerned multiple second appeals filed by M/s Man Global Ltd. Mumbai, a real estate promoter, before the High Court of Judicature at Bombay, challenging orders of the Maharashtra Real Esta...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Detention order set aside as detaining authority failed to consider that the petitioner was already in custody and no credible material showed likelihood of release on bail....

The petitioner, Mukesh Prakash Bhalerao, challenged an order of preventive detention dated 23rd January 2023 passed by the District Magistrate, Jalgaon, under Section 3(2) of the Maharashtra Preventio...

High Court

Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age — Benefit of Doubt Given as Prosecution Failed to Establish Minority of Prosecutrix Beyond Reasonable Doubt Under Sections 4, 6 of POCSO Act and Sections 363, 376 IPC....

The appellant, Ashik Ramjan Ansari, was convicted by the Special Judge at Greater Bombay in POCSO Special Case No.203 of 2016 for offences under Sections 363, 376, 107, and 109 of the Indian Penal Cod...

High Court

High Court of Karnataka Quashes Execution Order Against Insurance Company in Workers' Compensation Case — Attachment of Bank Account Without Notice Under Order 21 Rule 22 CPC Held Illegal. The court held that mandatory notice under Order 21 Rule 22 CPC must be issued before executing an ex parte decree, and failure to do so vitiates the attachment order....

The petitioner, The New India Assurance Company Ltd., challenged an order dated 19.04.2023 passed by the II Additional Senior Civil Judge and JMFC, Raichur, in Execution Petition No. 52/2022, whereby ...

High Court

High Court of Karnataka Dismisses State's Appeal, Upholds Freedom Fighter's Pension to Widow — Delay in Application Not Fatal to Claim Under Freedom Fighters' Pension Scheme, 1969. The court held that the Scheme is a beneficial legislation and must be liberally construed; the widow of a freedom fighter is entitled to pension despite delay in application....

The respondent, Smt. Tayawwa, is the widow of Basalingappa Tegur, who was a freedom fighter and participated in the Quit India Movement in 1942. After the introduction of the Freedom Fighters' Pension...

High Court

Karnataka High Court Upholds Widow's Freedom Fighter Pension Claim Despite Delay and Lack of Co-Prisoner Certificate. State's Rejection Set Aside as Scheme Does Not Require Such Proof for Widows....

The respondent, Smt. Savakka, widow of Dundayya Vibhuthimath, applied for freedom fighters' pension under the Freedom Fighters' Pension Scheme, 1969, claiming her husband participated in the Quit Indi...

High Court

Karnataka High Court Partly Allows State's Appeal in Freedom Fighter Pension Case — Limits Arrears to Date of Application. The court held that pension being a continuing cause of action, arrears cannot be granted from the date of death of the freedom fighter but only from the date of application....

The case involves a writ appeal filed by the State of Karnataka against an order of the learned Single Judge dated 14.09.2021 in W.P. No.103247/2021. The respondent, Smt. Savantrewwa, aged 89 years, i...

High Court

Karnataka High Court Dismisses State's Appeal, Upholds Freedom Fighter Pension to Widow Despite Delay. Court holds that beneficial legislation must be liberally construed and delay cannot defeat a widow's claim for pension under the Karnataka Freedom Fighters' Pension Rules, 2004....

The respondent, Smt. Fakirawwa alias Bhimawwa, is an 86-year-old widow whose husband, Fakirappa Sangoli, was a freedom fighter who participated in the Quit India Movement and was imprisoned. She appli...

High Court

Karnataka High Court Upholds Freedom Fighter's Pension to Widow Despite Delay in Application — State's Rejection Based on Non-Production of Co-Prisoner Certificate Set Aside. The Court held that the Freedom Fighters' Pension Scheme, 1969 being a beneficial legislation should be liberally construed, and delay in filing application cannot be a ground to deny pension to the widow of a freedom fighter....

The case pertains to a writ appeal filed by the State of Karnataka against an order of a learned Single Judge allowing the writ petition of the respondent, Smt. Sumitra W/o Kesavswamy Devangmath, and ...

High Court

High Court of Karnataka Dismisses State's Appeal Against Grant of Freedom Fighter's Pension to Widow — Liberal Construction of Beneficial Pension Legislation Required Despite Delay in Application...

The respondent, Smt. Ningawwa, an 84-year-old widow, filed a writ petition before the learned Single Judge seeking quashing of the order dated 22.09.2021 passed by the State of Karnataka (first appell...

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High Court

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Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age — Benefit of Doubt Given as Prosecution Failed to Establish Minority of Prosecutrix Beyond Reasonable Doubt Under Sections 4, 6 of POCSO Act and Sections 363, 376 IPC....

Karnataka High Court Upholds Widow's Freedom Fighter Pension Claim Despite Delay and Lack of Co-Prisoner Certificate. State's Rejection Set Aside as Scheme Does Not Require Such Proof for Widows....

Karnataka High Court Dismisses State's Appeal, Upholds Freedom Fighter Pension to Widow Despite Delay. Court holds that beneficial legislation must be liberally construed and delay cannot defeat a widow's claim for pension under the Karnataka Freedom Fighters' Pension Rules, 2004....

High Court of Karnataka Dismisses State's Appeal Against Grant of Freedom Fighter's Pension to Widow — Liberal Construction of Beneficial Pension Legislation Required Despite Delay in Application...

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court of Bombay Hears Section 11 Arbitration Application for Appointment of Arbitrato...

Bombay High Court Allows Assessee in Central Excise Refund Interest Dispute Under Section ...

Supreme Court Dismisses Appeals in Income Tax Dispute — Jurisdiction under Section 263 U...

Supreme Court Quashes Conviction in Murder Case Due to Insufficient Evidence. The prosecut...

Supreme Court Sets Aside Interim Orders in Arbitration Dispute Due to Lack of Consent. App...

Supreme Court Sets Aside High Court Orders Allowing Writ Petitions by Lessees in Land Encr...

Supreme Court Upholds High Court Order Setting Aside Anganwadi Supervisor Appointment for ...