Search Results for "Pleading and evidence"

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Bombay High Court Dismisses Petition Challenging Non-Imposition of Penalty Under Workmen's Compensation Act. Penalty under Section 4(A)(3)(b) cannot be imposed without pleading and evidence of unjustifiable delay.

The petitioners, Umarkha Samsherkha and another, filed a writ petition under Article 226 of the Constitution before the Bombay High Court, Nagpur Benc...

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Bombay High Court Upholds Conviction of Appellant in POCSO Case for Rape of Six-Year-Old Girl — Life Sentence Confirmed Based on Victim's Testimony and DNA Evidence. Victim's credible testimony and DNA evidence sufficient to sustain conviction under Section 376AB IPC and Section 4 POCSO Act.

The case involves an appeal against conviction for the rape of a six-year-old girl. The victim, a first-standard student, was returning from a drawing...

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High Court Frames Substantial Questions of Law in Second Appeal Involving Exclusive Right to Perform Puja in Privately Owned Temple. Appeal Raises Issues on Admissibility of Old Documents Under Section 90 of Indian Evidence Act and Bar of Suit Under Bombay Hindu Places of Public Worship Act, 1956.

Background: The litigation arose from a dispute between two Hindu communities, the Badaves (plaintiffs) and the Lingayats (defendants), over the right...

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High Court of Karnataka Kalaburagi Bench Considers Second Appeal in Suit for Permanent Injunction, Frames Substantial Questions of Law Regarding Pleadings and Title Dispute

This Regular Second Appeal arose out of an original suit for permanent injunction in a property dispute. The plaintiff claimed ownership and possessio...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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Bombay High Court Dismisses Application for Perjury Proceedings in Property Dispute — No Prima Facie Case of False Evidence Established Under Section 340 CrPC. Court Hears Accused on Preliminary Issue and Finds Allegations Unsubstantiated.

The judgment concerns a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973, by Satyanarayan Nandk...