Search Results for "technical plea"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "technical plea"

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High Court

High Court of Bombay at Goa Allows Accused's Petition for Cross-Examination in NI Act Case — Rejection of Section 145(2) Application Set Aside. The Court held that once the accused discloses specific defence in an application under Section 145(2) of the Negotiable Instruments Act, 1881, the Magistrate must allow the application and grant an opportunity for cross-examination.

26 Feb 2024

The Petitioner, Narayan Shivdas Kadam, was an accused in a complaint filed by M/S Shriram Transport Finance Co. Ltd. under Section 138 of the Negotiab...

High Court

High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Injured Passenger Entitled to Compensation for Amputation. Bona Fide Passenger Status Established Despite Lost Ticket; Sudden Jerk Leading to Fall Constitutes Untoward Incident Under Section 123(c) of Railways Act, 1989.

20 Feb 2024

The appellant, Kishor Vishnu Bondre, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained in a train ...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. The court held that no substantial question of law arose for consideration as the findings of fact by the lower appellate court were based on appreciation of evidence and not perverse.

5 Mar 2024

The present second appeal arises from a suit for declaration and injunction filed by the appellants (original plaintiffs) claiming ownership and exclu...

High Court

Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony of Interested Witness and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eyewitness was a close relative of deceased and testimony was inconsistent with medical evidence.

19 Jun 2023

The case pertains to two criminal appeals filed by the appellants challenging their conviction under Sections 302, 307, 323, 504, 506 read with 34 of ...

High Court

Bombay High Court Allows Impleadment of Legal Heirs and Conversion of Probate to Letters of Administration in Testamentary Suit. The court held that the right to sue survives to legal representatives of deceased executor and that probate proceedings can be converted to letters of administration under the Indian Succession Act, 1925.

26 Jun 2023

The judgment arises from two interim applications filed by Deepika S. Panicker and others, claiming to be legal heirs of the deceased appellant Kunjum...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Erroneous Application of Res Ipsa Loquitur. Parents and Minor Daughter of Deceased Passenger Who Fell from Train Entitled to Compensation Under Section 124A of Railways Act, 1989.

28 Apr 2022

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dated 23 January 2019, dismissing the claim application filed by the appella...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration of Suit — Limitation Period for Filing Restoration Application Not Governed by Article 137 of Limitation Act, 1963. The court upheld the trial court's order condoning a 10-year delay in filing restoration application, holding that Article 137 does not apply to restoration applications and the court has inherent power under Section 151 CPC.

14 Dec 2022

The present Civil Revision Application was filed by the applicants (original defendants) challenging the judgment and order dated 04.05.2022 passed by...

High Court

Bombay High Court Dismisses Appeal in Share Dispute — No Grounds for Interference Under Section 37 of Arbitration and Conciliation Act, 1996. Court Held That the Arbitral Tribunal's Findings on Non-Delivery of Shares and Limitation Were Not Perverse or Contrary to Law.

4 May 2021

The appellant, M/s Satish K. Narang & Co., an investor, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against the ju...

High Court

Bombay High Court Dismisses Railway's Appeal Against Interim Stay of Termination Notice in Arbitration Dispute. Section 9 of Arbitration and Conciliation Act, 1996 grants wide power to courts to grant interim measures to protect the subject matter of arbitration, including stay of termination pending constitution of arbitral tribunal.

30 Jul 2021

The case involves two arbitration appeals filed by the Deputy Chief Engineer (Construction), Central Railway, Bhusawal (appellant) against orders pass...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

9 Aug 2021

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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