High Court

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credibl...
Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's De...

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High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque Due to Improper Appreciation of Evidence. Presumption under Section 139 of N.I. Act stands unless rebutted by accused; mere denial of signature or receipt of notice insufficient to rebut presumption....

The appellant, CREF Finance Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Sree Shanthi Homes Private Limited and its Managing Dire...

High Court

High Court of Karnataka Upholds Labour Court Award of Reinstatement with 50% Back Wages for Contractual Employee — Termination Without Compliance with Section 25-F of Industrial Disputes Act, 1947 Held Illegal. The court found that the respondent, a contractual office attendant, was a workman under the Act and his termination without notice or compensation was illegal, warranting reinstatement....

The petitioner, the Superintending Engineer (Elec), O&M Circle, MESCOM, Hassan, an instrumentality of the State under Article 12 of the Constitution of India, challenged the award dated 26.12.2006 pas...

High Court

Bombay High Court Allows Appeal Partly, Enhances Interest Rate in Contractual Dispute Due to Unjustified Withholding of Payment by State. Appellant contractor awarded 9% interest instead of 6% for delayed payment under contract with State of Goa....

The appellant, M/s. DECMAE, a construction firm, filed a suit against the State of Goa and the Executive Engineer, Works Division XVII, for recovery of amounts due under a contract. The trial court pa...

High Court

Bombay High Court Dismisses Revision Against Rejection of Application to Dismiss Suit in Religious Services Dispute — Civil Court Jurisdiction Upheld for Property Rights Despite Religious Nature of Dispute. The court held that a suit seeking reliefs regarding religious services in a private chapel is not barred by Section 9 CPC as it involves civil rights such as property and donations....

The case involves a civil revision application filed by the Parish Priest of St. Andrew's Church, the Archdiocese of Goa and Daman, and the Secretariat of Fabrica and Confrarias (petitioners) challeng...

High Court

Bombay High Court Allows Tenant's Appeal Against Demolition Order in MMC Act Case — Failure to Issue Notice to Owner and Lack of Personal Hearing Violates Natural Justice. Tenant in Possession Since Prior to 1987 Entitled to Hearing Before Demolition Under Section 351 of MMC Act....

The appellant, a tenant in possession of premises since prior to 1987, challenged a show cause notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 (MMC Act) and sought an injunction...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission's Jurisdiction in Income Tax Case — Settlement Application Valid Despite Expiry of Section 143(2) Notice Period. The term 'pending assessment' includes cases where return is filed and time for completion of assessment has not expired, even if no notice under Section 143(2) was issued....

The Commissioner of Income Tax filed a writ petition under Article 226 of the Constitution challenging an order dated 31 December 2012 passed by the Income Tax Settlement Commission under Section 245D...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC....

The petitioners, original plaintiffs, filed Regular Civil Suit No.135 of 2007 seeking specific performance of an agreement dated 9.3.1998 and claimed possession of the suit property. The respondents, ...

High Court

Bombay High Court Dismisses Petition Challenging Conviction Under Section 48 of MRTU & PULP Act for Unfair Labour Practice. Concurrent findings of fact by Labour Court and Industrial Court upheld as no perversity or illegality shown....

The petitioner, Pandurang Keshav Waghchaure, was prosecuted along with another accused for an offence punishable under Section 48 of the Maharashtra Recognition of Trade Unions and Prevention of Unfai...

High Court

Bombay High Court Allows Writ Petition Challenging Executing Court's Direction to Decree Holder to Obtain Permission for Sale Under Maharashtra Project Affected Persons Rehabilitation Act, 1999. Executing Court Cannot Impose Obligation on Decree Holder to Obtain Permission Under Section 12 of the Act as the Duty Lies on the Judgment Debtor Transferor....

The petitioner, Narayan s/o Govind Rekhawar, filed a suit for specific performance of an agreement of sale against the respondents, Abhijit s/o Manikrao Deshmukh and Manikrao s/o Hebatrao Deshmukh, wh...

High Court

Karnataka High Court Allows Appeal in Property Declaration Suit — Finds Trial Court Erred in Decreeing Suit Without Proper Consideration of Evidence. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession....

The appeal arises from a judgment and decree dated 16.01.2006 passed by the Civil Judge (Sr.Dn.), Doddaballapur, in OS No.275/2002 (old No.76/2001), decreeing the suit for declaration and permanent in...

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High Court

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Bombay High Court Allows Appeal Partly, Enhances Interest Rate in Contractual Dispute Due to Unjustified Withholding of Payment by State. Appellant contractor awarded 9% interest instead of 6% for delayed payment under contract with State of Goa....

Bombay High Court Allows Tenant's Appeal Against Demolition Order in MMC Act Case — Failure to Issue Notice to Owner and Lack of Personal Hearing Violates Natural Justice. Tenant in Possession Since Prior to 1987 Entitled to Hearing Before Demolition Under Section 351 of MMC Act....

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC....

Bombay High Court Dismisses Petition Challenging Conviction Under Section 48 of MRTU & PULP Act for Unfair Labour Practice. Concurrent findings of fact by Labour Court and Industrial Court upheld as no perversity or illegality shown....

Karnataka High Court Allows Appeal in Property Declaration Suit — Finds Trial Court Erred in Decreeing Suit Without Proper Consideration of Evidence. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession....

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 Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...