Search Results for "Pleading and evidence"

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Bombay High Court Allows Petition by Bajaj Electricals Ltd, Upholds Closure of Diecasting Division as Genuine. Industrial Court's finding of functional integrality between diecasting and fan divisions reversed; closure held valid under Section 25O of Industrial Disputes Act, 1947.

The Petitioner, Bajaj Electricals Limited, had a factory at Chakan, Pune, comprising two divisions: a diecasting division and a fan division. The diec...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation as the plaintiff's possession was not adverse and the defendants failed to prove ouster.

The case pertains to a Regular First Appeal filed by the defendants against the judgment and decree dated 30.09.2010 passed by the Senior Civil Judge,...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Driver Without Valid Licence Constitutes Breach of Policy Condition. Insurer Directed to Pay Compensation and Recover from Owner Under 'Pay and Recover' Principle.

The case arises from a motor accident claim petition filed by the legal heirs of Sanjay Dongre, who died in a road accident on 7 November 2000. The de...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession.

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...

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Bombay High Court Partly Allows Employer's Challenge to Industrial Court Award on Wage Revision and Education Allowance. Industrial Court's power to grant ad-hoc wage rise upheld, but education allowance award set aside for lack of evidence.

The petitioner, Ganesh Industries, an employer engaged in trading of Papad, challenged an Award dated 11 June 2019 passed by the Industrial Court, Mum...

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Bombay High Court Dismisses Petition Challenging Framing of Additional Issue in Civil Suit. The court upheld the trial court's order framing an issue on the genuineness of documents, as the defendant had pleaded forgery and the issue was necessary for just adjudication.

The petitioner, the original defendant in Special Civil Suit No. 280 of 2017, filed a writ petition under Article 227 of the Constitution of India, 19...