Search Results for "statutory defences"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "statutory defences"

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High Court

Bombay High Court Dismisses Insurance Company's Appeal on Quantum in Motor Accident Claim — Insurer Cannot Challenge Quantum Without Leave Under Section 170 of Motor Vehicles Act, 1988. Leave Under Section 170 Cannot Be Granted for the First Time in Appeal When Insurer Failed to Seek It Before the Tribunal.

29 Apr 2011

The case involves an appeal by United India Assurance Co. Ltd., the insurer, against the judgment and award of the Motor Accident Claims Tribunal, Ali...

High Court

Bombay High Court Allows Wife's Maintenance Claim Despite Private Divorce Document - Right to Maintenance Under Section 125 CrPC Not Waived by Private Agreement. Private divorce document cannot be used to deny maintenance unless marriage is legally dissolved by competent court.

2 Nov 2012

The petitioner, Sangita Wani, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Cr...

High Court

High Court Partly Allows Appeals of Trustees Not Impleaded in Removal Proceedings Under Maharashtra Public Trusts Act — Indirect Removal Without Hearing Violates Natural Justice. Relief Granted to Three Trustees Who Were Not Parties to Original Application Despite Seeking Intervention, Setting Aside Orders Qua Them for Fair Hearing.

14 Jun 2017

The case involved a cluster of first appeals and a writ petition arising from proceedings under the Maharashtra Public Trusts Act, 1950 concerning the...

Supreme Court

Supreme Court Upholds Validity of Section 29A of the Insolvency and Bankruptcy Code, 2016, Disqualifying Related Parties of Corporate Debtors from Submitting Resolution Plans. The Court holds that the disqualification under Section 29A(c) applies to persons acting jointly or in concert with a disqualified person, and that the provision is not retrospective in operation.

3 Oct 2024

The Supreme Court of India delivered a landmark judgment on the interpretation and validity of Section 29A of the Insolvency and Bankruptcy Code, 2016...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

High Court

High Court Quashes FIR Against Police Officer in Corruption Case Due to Lack of Sanction Under Section 19 of PC Act. Proceedings under Section 7(a) of Prevention of Corruption Act, 1988 set aside as prior sanction from competent authority was mandatory and absent.

11 Aug 2020

The petitioner, Sri Sudarshan, a Deputy Superintendent of Police under suspension, filed a criminal petition under Section 482 of the Code of Criminal...

High Court

High Court of Karnataka Enhances Compensation for Minor Injured in Road Accident — Motor Vehicles Act, 1988. Insurer Held Liable to Pay and Recover from Owner Due to Driver Without Valid License.

7 Nov 2016

The appeal arises from a judgment and award dated 27.11.2010 passed by the Motor Accident Claims Tribunal, Hiriyur, in MVC No.78/2009. The claimant, D...

High Court

Bombay High Court Quashes Show Cause Notices in GST Case for Lack of Jurisdiction — Services by Municipal Corporation Under Article 243W Attract Nil Rate of Tax Under Notification No.12/2017-Central Tax (Rate). The court held that show cause notices demanding service tax on services rendered by MCGM in relation to functions under Article 243W were without jurisdiction as the services are exempted.

11 Nov 2024

The Bombay High Court dealt with a batch of writ petitions challenging show cause notices issued under the Central Goods and Services Tax Act, 2017 (C...

High Court

High Court of Bombay at Aurangabad Dismisses Appeals by Insurance Company and Owner in Motor Accident Claim — Negligence of Driver Upheld. Compensation Award of Rs. 7,50,000 Confirmed Under Motor Vehicles Act, 1988.

9 Mar 2016

The case arises from a motor accident claim filed by the legal representatives of Balkrushna Khandagale, who died in a collision between a motorcycle ...

High Court

Bombay High Court Quashes Reassessment Notice for TCS in Income Tax Case — Lack of Fresh Material and Change of Opinion. Reopening under Section 147 of Income Tax Act, 1961 invalid as reasons recorded were based on same material considered during original assessment, constituting mere change of opinion.

27 Jun 2023

The petitioner, Tata Consultancy Services Ltd., challenged a notice dated 31st March 2021 issued under Section 148 of the Income Tax Act, 1961 seeking...

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