Search Results for "onerous condition"

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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...
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Search Results for "onerous condition"

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High Court

Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 IPC Based on Circumstantial Evidence and Dying Declaration. Chain of Circumstances Including Last Seen Theory, Motive, and Recovery of Weapon Held Sufficient to Sustain Conviction.

17 Jul 2026

The appellant, Samsher Abulesh Devang, was convicted by the Learned Sessions Judge, Nashik for the offence of murder punishable under Section 302 of t...

High Court

Bombay High Court Partly Allows Petition Challenging Condition of Deposit in NI Act Appeal Suspension — Reduces 20% Compensation Deposit to 10% for Petitioners in Cheque Dishonour Case. The court held that the appellate court's discretion under Section 148 of the Negotiable Instruments Act must be exercised reasonably, and the condition of deposit was reduced considering the petitioners' financial hardship and prior deposit.

11 Sep 2025

The petitioners, M/s Kesuram Khanchand and its proprietor Chandrabhan Kewalramani, were convicted under Section 138 of the Negotiable Instruments Act,...

High Court

High Court of Karnataka Quashes 75% Deposit Condition in Arbitration Award Stay — Section 36(2) of Arbitration Act Does Not Mandate Pre-Deposit. Court holds that Section 36(2) of the Arbitration and Conciliation Act, 1996 does not impose a mandatory pre-deposit condition for stay of an arbitral award, and the trial court erred in imposing 75% deposit without considering the petitioner's financial hardship.

7 Aug 2025

The petitioner, ITI Limited, challenged an order dated 19.04.2025 passed by the LXXXIII Addl. City Civil and Sessions Judge (Commercial Court), Bengal...

Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

High Court

Bombay High Court Upholds Maharashtra RTE Amendment Rules 2024 Exempting Private Unaided Schools Near Government/Aided Schools from 25% Quota. The Amendment Rules are held intra vires the RTE Act and Constitution, as they promote efficient resource allocation and prevent duplication of facilities.

19 Jul 2024

The Bombay High Court dismissed a batch of petitions challenging the Maharashtra Right of Children to Free and Compulsory Education (Amendment) Rules,...

High Court

Bombay High Court Dismisses Developer's Challenge to AGRC Order in Slum Rehabilitation Dispute. AGRC's order directing SRA to decide on eligibility of slum dwellers for rehabilitation based on cut-off date upheld as valid exercise of appellate jurisdiction under Section 33 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

2 Apr 2024

The judgment pertains to two writ petitions filed by M/s. Sateri Builders and Developers LLP (the Developer) and Shree Gurukrupa (SRA) Co-operative Ho...

High Court

Bombay High Court Quashes Municipal Corporation's Demand for Transfer Fees and Unilateral Imposition of Fresh Lease Terms. Lease Renewal Must Be on Existing Terms Unless Mutually Agreed, and Transfer of Leasehold Interest Does Not Attract Transfer Fees Without Specific Statutory Provision.

5 Aug 2022

The petitioners, ten individuals and a company, filed a writ petition under Article 226 of the Constitution of India challenging the actions of the Na...

High Court

High Court of Karnataka Modifies Bail Condition in Murder Case — Petitioner's Fine of Rs.50,000 Reduced to Rs.10,000. Court Held That Imposition of Fine as Condition for Bail Is Not Permissible Under Section 439 Cr.P.C. and That the Amount Must Be Proportionate to the Offence and Circumstances.

17 Aug 2020

The petitioner, Nagesh Kumar, accused No.8 in Crime No.247/2017 registered by Thalaghattapura Police Station for offences under Sections 143, 144, 147...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRT Orders in Debt Recovery Proceedings Against Dr. Vijay Mallya. Court upholds the jurisdiction of the Debt Recovery Tribunal to proceed with recovery actions under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, rejecting the petitioner's challenge based on pending criminal proceedings and alleged lack of territorial jurisdiction.

5 Oct 2018

The judgment concerns two writ petitions filed by Dr. Vijay Mallya challenging orders passed by the Debt Recovery Tribunal (DRT) in recovery proceedin...

High Court

Bombay High Court Quashes Condition of Pre-deposit in NI Act Appeal — Suspension of Sentence Cannot Be Burdened with Onerous Condition of Depositing 50% Compensation. The court held that the appellate court's condition requiring deposit of 50% compensation while suspending sentence under Section 389 CrPC is contrary to law and set aside the condition.

6 Sep 2013

The petitioner, Suresh Hiralal Barwal, was convicted under Section 138 of the Negotiable Instruments Act, 1881, by the learned Magistrate and sentence...

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