Search Results for "legal proposition"

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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 "legal proposition"

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Supreme Court

Supreme Court Allows Civil Appeal in Partition Suit and Directs Moulding of Relief for Children of Deceased Propositus. The court held that admissions under Sections 17 and 18 of the Indian Evidence Act, 1872, constitute substantive evidence and entitle children through extended family to shares in the deceased's property, directing a preliminary decree for partition based on documentary evidence.

19 Jan 2024

The dispute arose from a partition suit filed by respondents 1 and 2 for separate possession of agricultural properties against respondents 3 and 4, w...

Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

Supreme Court

Supreme Court Sets Aside High Court's Acquittal Under POCSO Act, Restores Conviction for Sexual Assault Without Skin-to-Skin Contact Requirement. The Court held that 'sexual assault' under Section 7 of the Protection of Children from Sexual Offences Act, 2012, does not require direct skin-to-skin contact; physical contact with sexual intent suffices, overturning the High Court's narrow interpretation.

18 Nov 2021

The Supreme Court of India adjudicated multiple criminal appeals arising from judgments of the Bombay High Court, Nagpur Bench, concerning interpretat...

Supreme Court

Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

2 Jun 2020

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

High Court

Bombay High Court Dismisses Writ Petition Challenging Reversal of Temporary Injunction in Property Dispute Between Brothers. Compromise Decree for Partition Gives Defendant Right to Construct on His Share, Plaintiff Fails to Show Exclusive Possession.

19 Jan 2023

The dispute arose between two brothers, Udayraj Babaso Patil (petitioner/defendant) and Pramod Babaso Patil (respondent/plaintiff), over a suit proper...

High Court

Bombay High Court Quashes Criminal Defamation Proceedings Against Advocate for Publishing Notice of Revocation of Power of Attorney. Publication of a legal notice in newspaper cautioning public not to deal with property based on revoked power of attorney does not constitute defamation under Section 500 IPC as it is a privileged communication made in good faith for protection of client's interest.

7 Jun 2023

The applicant, an advocate, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 04.02.2017 pass...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order 7 Rule 11(d) CPC when suit is within limitation based on plaint averments, and that bar under Section 23 of Indian Contract Act, 1872 requires trial.

16 Apr 2022

The petitioner, Goodwill Realtors and Properties Pvt. Ltd., filed a Civil Writ Petition under Article 227 of the Constitution of India challenging an ...

High Court

High Court of Karnataka Allows Appeal in Guardians and Wards Act Case — Custody of Minor Child Granted to Grandparents Based on Welfare Principle. Section 25 of the Guardians and Wards Act, 1890 — Court held that welfare of the minor is paramount and biological father's right is not absolute.

7 Mar 2025

The case involves a dispute over the custody of a minor child under Section 25 of the Guardians and Wards Act, 1890. The appellants, the grandparents ...

High Court

Bombay High Court Upholds Appellate Bench's Interim Injunction in License Dispute — Licensee Entitled to Protection Against Dispossession Without Due Process Despite Expired License Period. Court Holds That Licensee's Possession Is Permissive and Not Adverse, but Injunction Granted to Prevent Unlawful Dispossession Pending Suit.

3 Jul 2019

The petitioner, New Shivam Co-operative Housing Society Ltd., is a co-operative housing society that entered into a Leave and License Agreement with t...

High Court

Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

1 Dec 2025

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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