Search Results for "Pleading and evidence"

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Bombay High Court at Goa Allows Writ Petition of Minor Child Seeking Passport Renewal — Citizenship by Birth Not Lost Due to Mother's Foreign Nationality. Passport Cannot Be Denied to Indian Citizen on Ground of Single Parent Being Foreign National Under Passports Act, 1967.

The petitioner, a minor girl aged about 16 years, was born on 27.10.2007 in Margao, Goa, India, to Indian parents. Her parents married in Goa in 2007....

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Bombay High Court Allows Appeal in Unfair Labour Practice Case — Reinstatement with Back Wages Granted for Illegal Termination. Workman's Dismissal Without Proper Enquiry and Without Compliance with Section 25F of Industrial Disputes Act, 1947 Held Illegal.

The appellant, Chandrashekhar Chintaman Vaidya, was employed by the respondent, National Organic Chemical Industries Ltd., as a workman. He was dismis...

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High Court Upholds Rejection of Belated Plaint Amendment in Adverse Possession Suit. Specific Performance Relief Barred by Limitation under Article 54 of Limitation Act and Inconsistent with Adverse Possession, Proviso to Order VI Rule 17 CPC Applied.

Background: The dispute arose from an agreement of sale dated 30.07.1994 for agricultural land between the petitioner-plaintiff and the father of the ...

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High Court of Karnataka Dismisses Regular Second Appeal in Money Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Appellant failed to establish substantial question of law regarding loan transaction and repayment.

The appellant, Sri M M Deverajgowda, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment an...

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Bombay High Court Allows DNA Test in Maintenance Case to Determine Paternity — Revisional Court Erred in Quashing Magistrate's Order Without Considering Prima Facie Evidence of Marriage and Cohabitation.

The petitioner, Madanaiah Durgam Chinna Kande, challenged the order of the Additional Sessions Judge, Chandrapur, dated 16th November 2021, which quas...

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Bombay High Court Dismisses Revision Against Wakf Tribunal Order Upholding Plaintiff's Title Over Wakf Property. The court held that the Wakf Tribunal had jurisdiction to decide the suit and that the plaintiff's suit was not barred by limitation.

The case involves a dispute over Survey Gut No.66 of village Harsool, Aurangabad. The plaintiff, Pratapsingh s/o Nursing Kakarwal, filed a suit before...

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Bombay High Court Upholds Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Not Found Arbitrary or Perverse in Restraining Use of Deceptively Similar Mark 'Shriphal'.

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...

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Supreme Court Dismisses Appeal in Specific Performance Suit, Upholds Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness for specific performance, but defendant must refund earnest money with 12% interest under Section 22 of Specific Relief Act, 1963.

The appellant (plaintiff) entered into a sale agreement dated 19.03.2010 with the respondents (defendants) for purchase of property bearing Survey No....