Search Results for "technical plea"

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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...
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Search Results for "technical plea"

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High Court

Bombay High Court Allows Amendment to Plaint in Suit for Specific Performance — Period of Bona Fide Prosecution of Earlier Proceedings Excluded for Limitation Under Section 14 of Limitation Act, 1963. The court permitted the plaintiff to amend the plaint to seek exclusion of time spent in prosecuting a suit and appeal in the Small Causes Court, holding that such amendment is necessary for determining the real controversy and does not change the nature of the suit.

10 May 2013

The plaintiff, Bharat Petroleum Corporation Ltd. (BPCL), filed a suit for specific performance against the defendants in the Bombay High Court. The su...

High Court

Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

23 Aug 2013

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

High Court

Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

13 Aug 2013

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...

High Court

Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

29 Oct 2013

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

High Court

Bombay High Court Allows Workman to Be Represented by Trade Union Office Bearer in Domestic Inquiry — Vice-President of Union Held Entitled to Represent Member Under Section 22(2)(c) of MRTU & PULP Act, 1971. Statutory Right Cannot Be Restricted by Union Constitution.

22 Nov 2006

The petitioner, Dastgir Alam Mulla, a plant-operator employed by Mysore Petrochemicals Limited since 1992, was suspended on 29-11-2004 and a chargeshe...

High Court

Bombay High Court Allows Second Appeal in Condonation of Delay Case — First Appellate Court Erred by Refusing to Hear Appeal on Merits. Delay of 394 Days Condoned Due to Illness and Death of Appellant, Emphasizing Liberal Approach in Limitation Matters.

3 Feb 2014

The case arises from a second appeal against an order dated 8.11.2012 passed by the learned Principal District Judge, Wardha, refusing to condone a de...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Capital Controls India Private Limited and Chloro Controls (India) Private Limited — Disputed Debt and Lack of Bona Fide Defence. Petition under Sections 433(e) and 434 of the Companies Act, 1956 dismissed as the debt was bona fide disputed and the company had a valid defence.

18 Dec 2014

The petitioner, Severn Trent Water Purification Inc. (formerly Capital Controls Company, Inc.), filed a winding-up petition under Sections 433(e) and ...

High Court

Bombay High Court Upholds School Tribunal's Power to Direct Payment of Subsistence Allowance in Appeal Under MEPS Act, 1977. The Tribunal's interim direction to pay subsistence allowance during suspension period is within its ancillary powers under Section 9 of the Act.

26 Feb 2015

The petitioners, Navodaya Shikshan Sanstha and its Principal, challenged an order of the School Tribunal dated 10.03.2014 directing them to pay subsis...

High Court

High Court of Bombay at Aurangabad Allows Second Appeals in Part, Remands Suits for Fresh Consideration on Issue of Limitation and Entitlement to Interest in Recovery Suits by Small Scale Industrial Unit against State Corporation. The court held that the lower appellate court failed to properly consider the applicable articles of the Limitation Act and the entitlement to interest under the Interest Act.

30 Nov -0001

The appellant, Dattatray s/o Shankarrao Borgaonkar, proprietor of Shree Industries, a small scale industrial unit, filed three suits (Special Civil Su...

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