Search Results for "conflicting judgments"

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Bombay High Court Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC.

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respon...

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Bombay High Court Dismisses Writ Petition Challenging TAC Report on Building's Structural Stability — Expert Technical Opinion Not Amenable to Judicial Review on Merits. Writ Court Cannot Substitute Its Own View on Technical Matters; TAC Guidelines from MCGM v State of Maharashtra Followed.

The petitioners, six tenants of a chawl in Bhiwandi, filed a writ petition under Article 226 of the Constitution of India challenging the report of th...

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Supreme Court Advisory Opinion Addresses Scope of Governor's and President's Powers Over State Legislation under Articles 200 and 201. Presidential Reference Seeks Clarity on Constitutional Discretion, Time Limits, and Justiciability in Light of Conflicting Judgments.

The President of India, exercising powers under Article 143(1) of the Constitution, referred fourteen questions to the Supreme Court on 13th May 2025,...

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High Court of Karnataka Hears Regular Second Appeal Against Decree Declaring Suit Darga as Personal Property. The Wakf Board Appealed the First Appellate Court’s Finding that It Failed to Adduce Evidence of Wakf Declaration under Sections 4 and 5 of the Wakf Act, 1995.

The appeal arose from a suit for injunction filed by the plaintiffs, who along with defendant No.1 claimed joint ownership and management of the suit ...

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Bombay High Court Allows Default Bail to Accused Arrested After Charge-Sheet Filing in Further Investigation. Right to Default Bail Under Section 167(2) CrPC Applies to Accused Arrested During Further Investigation, Not Extinguished by Prior Charge-Sheet Filing.

The Bombay High Court, in a referral order, resolved a conflict between two Single Judge decisions regarding the applicability of default bail under S...

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Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...