Search Results for "exhaustive provisions"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "exhaustive provisions"

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High Court

Bombay High Court Quashes FIR Against Brother-in-Law in Matrimonial Dispute Due to Lack of Specific Allegations. Allegations of cruelty and dowry demand under Sections 498A, 406, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 found to be vague and general against the petitioner who lived separately.

1 Apr 2021

The petitioner, Naval Ashok Agarwal, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code o...

High Court

Bombay High Court Dismisses Petition Seeking Enhanced Compensation Under Section 28A of Land Acquisition Act Based on Lok Adalat Award. Lok Adalat Award Not an Award of Court Under Part III of Land Acquisition Act, 1894.

24 Jun 2021

The petitioners' land was acquired by the State for a storage lake along with other lands. An award under Section 11 of the Land Acquisition Act, 1894...

High Court

Bombay High Court Allows Substitution of Legal Heirs in Pending Suit Despite Delay — Limitation Not Applicable to Abatement Set-Aside Application Under Order 22 Rule 9 CPC. The court held that Article 137 of the Limitation Act, 1963 does not govern applications under Order 22 Rule 9 CPC and that sufficient cause for delay must be liberally construed to advance substantial justice.

1 Jun 2021

The case arises from a civil suit for permanent injunction filed by the original plaintiff (since deceased) against the original defendant (since dece...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Inconsistencies in Prosecution Case. Conviction under Sections 302, 120-B r/w 34 IPC set aside as circumstantial evidence failed to establish guilt beyond reasonable doubt.

10 Jun 2021

The appellants, Akbar Khan Ajmer Khan and Akram @ Babalu Rafique Khan, were convicted by the Ad hoc District Judge-3 and Additional Sessions Judge, Na...

High Court

Bombay High Court Dismisses Convicts' Emergency Parole Petition for Suppression of Facts and Misleading Statements. Petitioners convicted in 1996 Bombay Blast case sought emergency parole under Maharashtra Prisons Rules but suppressed material facts regarding their parole history and overstays.

19 Jun 2021

The petitioners, Asgar Kadar Sheikh and Mohd Yakub Abdul Majid Nagul, were convicts in the 1996 Bombay Blast case, serving sentences for offences unde...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in SC/ST Act and IPC Case Due to Unreliable Witnesses and Lack of Corroboration. Acquittal of accused for offences under Section 3(1)(xi) of SC & ST (Prevention of Atrocities) Act, 1989 and Sections 354, 341 IPC upheld as prosecution failed to prove case beyond reasonable doubt.

7 Feb 2020

The State of Maharashtra filed an appeal against the judgment and order dated 17th March 2003 passed by the 10th Additional Sessions Judge, Pune, acqu...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

26 Feb 2020

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

High Court

Bombay High Court Dismisses Revenue's Petition Challenging Tribunal's Recall Order in Hawala Income Tax Case. Tribunal's power to recall its ex parte order under Section 254(2) of the Income Tax Act, 1961 is upheld as procedural rectification.

2 Mar 2020

The case involves a writ petition filed by the Commissioner of Income Tax-12, Mumbai (Revenue) under Article 226 of the Constitution of India, challen...

High Court

Bombay High Court Quashes FIR Against District Health Officer in Cash and Liquor Case — No Offence Made Out Under Sections 188, 269, 270 IPC and NDPS Act. Court holds that carrying cash from agricultural sale proceeds and possessing liquor with valid licence does not constitute any criminal offence, and the FIR was lodged on a false tip-off due to marital discord.

30 Jun 2020

The applicant, Dr. Amol Rambhau Gite, a District Health Officer in Aurangabad, filed a criminal application under Section 482 of the Code of Criminal ...

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