Search Results for "Pleading and evidence"

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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 "Pleading and evidence"

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High Court

High Court of Karnataka Allows Insurance Companies' Appeals in Motor Vehicle Accident Case — Insurers Liable to Pay Compensation with Right of Recovery Against Owner and Driver for Breach of Policy Conditions. The driver did not have a valid driving licence for a transport vehicle, but the court applied the 'pay and recover' principle under Section 149 of the Motor Vehicles Act, 1988.

23 Apr 2016

The case involves three appeals arising from a motor vehicle accident that occurred on 17.08.2012. The claimant, Durgappa, was a pillion rider on a mo...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Cancellation of Gift Deed — Plaint Not Liable to Be Rejected Under Order VII Rule 11 CPC as Fraud Allegations Require Trial. The court held that the plaint disclosed a cause of action based on fraud, and the question of limitation is a mixed question of law and fact under Article 59 of the Limitation Act, 1963.

9 Dec 2013

The revision petition was filed by the defendant (Kishan Kumar Sharma) challenging the order dated 04.04.2013 passed by the XXVIII Additional Civil Ju...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below have concurrently found that the plaintiff failed to prove title and possession.

22 Jun 2024

The present second appeal was filed by the original plaintiff (since deceased, represented by legal representatives) against the judgment and decree d...

High Court

Karnataka High Court Allows Daughters' Partition Appeal in Hindu Succession Act Case — Daughters Entitled to Equal Share Despite Earlier Partition Deed. Daughters' right to partition upheld as the earlier partition deed was not binding on them under Section 6 of the Hindu Succession Act, 1956.

21 Jul 2017

The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, di...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

14 Oct 2013

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

Supreme Court

Supreme Court Examines High Court's Application of Section 67 Indian Succession Act in Will Validity Appeal. High Court had declared testamentary bequest void as attesting witness was wife of beneficiary; Supreme Court considered whether second appeal was decided on unpleaded additional question of law beyond Section 100 CPC.

1 Jan 1970

The dispute arose over the succession to two parcels of land in Elamkulam village, Ernakulam District, owned by C.R. Pius and Philomina Pius. After th...

High Court

High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

14 Mar 2019

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

High Court

Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

3 Jul 2024

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

High Court

Bombay High Court Upholds Industrial Tribunal Award Declaring Closure Illegal in Industrial Disputes Act Case — Re-employment and Backwages Granted to Retrenched Workmen. Closure of Factory Without Prior Permission Under Section 25-O of Industrial Disputes Act, 1947 Held Illegal as Establishment Employed More Than 100 Workmen.

13 Dec 2023

The petitioner, Global Health Care Products, a registered partnership firm manufacturing toothpaste in Dapada, Dadra and Nagar Haveli, closed its fact...

High Court

Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

14 Jun 2011

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...

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