Search Results for "liberal approach"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "liberal approach"

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High Court

Gujarat High Court Dismisses Condonation of Delay Application in Land Acquisition Appeal Due to Unexplained Inordinate Delay of 3292 Days. Delay of over 9 years in challenging 2016 order held not liable to be condoned as applicants failed to provide sufficient cause.

23 Feb 2026

The judgment pertains to two Civil Applications filed by the applicants seeking condonation of delay of 3292 days in preferring Letters Patent Appeals...

High Court

Bombay High Court Holds It Has Power to Accept Consent Terms and Compound Offence Under Section 138 NI Act in Revision Proceedings. The Court clarifies that Section 397 CrPC read with Section 401 CrPC empowers the High Court to record compromise and acquit accused even in revision, subject to satisfaction of complainant.

20 Dec 2024

The Bombay High Court was hearing a group of criminal revision applications and connected matters, all arising from proceedings under Section 138 of t...

High Court

Bombay High Court Allows SVLDRS Declaration for Tax Dues Quantified Before Cut-Off Date - Petitioner's Letter Admitting Liability and Department's Demand Letter Constitute Quantification Under Section 121(r) of Finance (No.2) Act, 2019. The court held that a written communication of duty liability admitted by the person during enquiry, investigation or audit, including a letter intimating duty demand or duty liability admitted, qualifies as quantification under the scheme.

6 Aug 2024

The petitioner, Eka Academy Private Limited, received an email from the GST audit team on 5th April 2019 regarding a service tax mismatch for Financia...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Partition Suit — Deletion of Possession Averments Before Trial Does Not Alter Nature of Suit or Cause Prejudice. Amendment Allowed Under Order VI Rule 17 CPC as Plaintiff Sought to Remove Inconsistent Claim Regarding Possession While Still Seeking Partition and Possession.

12 Dec 2022

The petitioner, Shashikant Dhondiram Kalaskar, who is defendant no.2 in Regular Civil Suit No.969 of 2017 pending before the Jt. Civil Judge Junior Di...

High Court

Bombay High Court Dismisses Challenge to Amendment of Plaint in Property Suit — No New Case Introduced. Amendment to incorporate subsequent events and clarify pleadings is permissible under Order VI Rule 17 CPC as it does not change the nature of the suit.

12 Dec 2022

The petitioner, defendant no.1 in a civil suit, challenged an order dated 30.08.2021 passed by the 2nd Joint Civil Judge Senior Division, Nanded, allo...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

High Court

High Court of Bombay at Goa Allows Condonation of Delay in Appeal Against Conviction Under Section 138 NI Act — Sickness as Sufficient Cause. The court held that a medical certificate and explanation of sickness due to fall from tree constituted sufficient cause for delay of about one year in filing appeal.

13 Nov 2013

The applicant, Babaji Tukaram Gawas, was convicted in Criminal Case No. 127/OA/138/2009/C for an offence punishable under Section 138 of the Negotiabl...

High Court

High Court of Bombay at Nagpur Allows Second Appeal Against Rejection of Condonation of Delay in First Appeal — Finding of First Appellate Court Held Perverse. The Court set aside the order rejecting condonation of delay and restored the first appeal for hearing on merits, emphasizing that the appellate Court must consider all relevant facts.

29 Oct 2013

The case arises from a second appeal against the judgment of the first appellate Court dated 26.7.2011 in Misc. Civil Application No.291 of 2011, whic...

High Court

Bombay High Court Allows Condonation of Delay in Filing Appeal Against Acquittal in Dowry Death Case — Liberal Approach to Limitation for Complainant. Delay of 38 days condoned as sufficient cause shown by complainant, rejecting hypertechnical approach of Sessions Judge under Section 5 of Limitation Act, 1963.

17 Oct 2012

The petitioner, Vrandawani Dalvi, the mother of the deceased Jayshree, filed a criminal writ petition under Articles 226 and 227 of the Constitution o...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Application for Certified Copy of Will Under Section 57 of Indian Succession Act, 1925 — Held That Application for Certified Copy of Will Cannot Be Rejected on Ground That Will Was Not Registered or That Probate Was Not Obtained.

24 Sep 2010

The petitioners, who are the legal heirs of the deceased Shrimantrao Patil, filed a writ petition challenging the order dated 24.11.2009 passed by the...

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