Search Results for "rule absolute"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "rule absolute"

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High Court

Bombay High Court at Goa Upholds Blue Flag Beach Notification for Miramar Beach — Environmental Clearance Dispensation Upheld as Reasonable. Court holds that the notification dated 12.07.2019 permitting structures for Blue Flag certification on 12 beaches, including Miramar, is valid and not arbitrary, as it balances environmental protection with tourism development.

27 Aug 2021

The petitioners, eight residents of Goa, filed a Public Interest Litigation challenging a notification dated 12.07.2019 issued by the Union of India u...

High Court

Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

4 Mar 2014

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

High Court

Bombay High Court Quashes Condonation of 9-Year Delay in Recall Application in Suit Withdrawal Case — Unconditional Withdrawal Under Order XXIII Rule 1(1) CPC is Plaintiff's Absolute Right. The court held that the plaintiff's right to unconditionally withdraw a suit is absolute and cannot be fettered by the court, and a delay of over 9 years in seeking recall of such an order cannot be condoned without sufficient cause.

21 Feb 2025

The petitioner, M/s. Vaishnavi Engineers and Developers Private Limited, had filed a suit (RCS No. 782 of 2012) against the respondents seeking declar...

High Court

Bombay High Court Upholds CAT Order Reinstating Suspended Police Officer Due to Non-Review Under Rule 3(8) of All India Services (Discipline and Appeal) Rules, 1969. Continued suspension beyond 90 days without mandatory review renders suspension illegal and without authority of law.

6 Jan 2012

The State of Maharashtra and the Director General of Police filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging ...

High Court

Karnataka High Court Grants Interim Stay on Notification Cancelling Nomination of Chairman of Karnataka State Minorities Commission; Examination of Pleasure Doctrine and Natural Justice Under Sections 4 and 5 of the Act

28 May 2024

The petitioner, Abdul Azeem, a former Chairman of the Karnataka State Minorities Commission, filed a writ petition before the Karnataka High Court und...

Supreme Court

Supreme Court Allows Appeal in Civil Suit, Restoring Trial Court's Order and Granting Interim Injunction. The Court held that the second suit was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908, as the causes of action and properties involved were distinct from the first suit, and the plaint disclosed a cause of action arising after knowledge from the written statement.

16 Apr 2026

The dispute involved a family property conflict where the appellants, the wife and daughters of the deceased original owner, challenged a Power of Att...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

Supreme Court

Supreme Court Quashes Furlough Grant to Convict in Rape Case Due to Threat to Witnesses and Public Order. Furlough is not an absolute right but subject to conditions under the Bombay Furlough and Parole Rules, 1959, and must consider witness safety and public peace, as the convict had a criminal network and history of witness intimidation.

20 Oct 2021

The appeal arose from a judgment of the High Court of Gujarat dated 24 June 2021, which directed the release of the respondent on furlough. The respon...

High Court

Bombay High Court Adjudicates Writ Petition Against Order Refusing Rejection of Plaint in Commercial Suit. The petition challenges the Commercial Court's dismissal of an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, for rejection of the plaint in a commercial dispute involving foreign entities.

17 Apr 2025

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Supreme Court

Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

22 Nov 2019

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

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