Search Results for "Overruled precedent"

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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 "Overruled precedent"

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Supreme Court

Supreme Court Allows Claimant in Motor Vehicle Accident Case on Territorial Jurisdiction Grounds. Territorial Jurisdiction Objection Overruled as Procedural Under Section 166 of Motor Vehicles Act, 1988, Following Precedent in Malati Sardar v. National Insurance Company Ltd.

8 Feb 2024

The appeal arose from a motor vehicle accident where the appellant's son died after being hit by a tractor driven recklessly by the first respondent. ...

High Court

Bombay High Court at Goa Allows Writ Petitions Challenging Caste Certificate Scrutiny Committee's Adverse Order and Termination of Service — Petitioner's Caste Claim as 'Thakar' (Scheduled Tribe) Upheld Based on Valid Documents and Precedent. The Court held that the Scrutiny Committee's order was perverse and set aside the termination, directing reinstatement with continuity of service.

1 Aug 2023

The petitioner, Dhanraj Yadaorao Parate, was appointed as a Peon in the Mormugao Port Trust in 1982 based on his caste certificate showing him as 'Tha...

Supreme Court

Supreme Court Quashes High Court Order in Land Acquisition Case Due to Exclusion of Stay Period Under Section 24(2) of 2013 Act. Acquisition Not Deemed Lapsed as Possession Could Not Be Taken Due to Operative Stay Order, Excluding Period from Five-Year Computation per Indore Development Authority Precedent.

13 Mar 2023

The dispute arose from a land acquisition case where the High Court of Delhi allowed a writ petition, declaring the acquisition deemed to have lapsed ...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averment of Their Responsibility at Time of Cheque Issuance.

23 Feb 2023

The applicants, Mukund Ajay Kumar Choudhary, Kapil Ajay Kumar Choudhary, and Ajay Kumar Choudhary, were directors of CLC Industries Ltd., the accused ...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averments of Being in Charge of and Responsible for Conduct of Business at Time of Offence.

23 Feb 2023

The case involves an application under Section 482 of the Code of Criminal Procedure, 1973 filed by three directors (applicants) of CLC Industries Ltd...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

2 Sep 2020

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Favour of Contractor in Postal Department Contract Dispute — Claims for Idle Labour, Machinery, and Loss of Profit Held Not Supported by Evidence and Contrary to Contract Terms. The court held that an arbitrator cannot award damages for idle resources or loss of profit without proof of deployment or anticipated profits, and such awards are perverse and patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Feb 2020

The Petitioner, Union of India through the Postal Department, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challen...

Supreme Court

Supreme Court Remands Case to High Court for Fresh Consideration in Arbitration Application Dispute — Partnership Deed Clause and Unregistered Partnership Issue. The Court held that the High Court erred in not considering the precedent in Krishna Motor Service vs. H.B. Vittala Kamath regarding the maintainability of an application under Section 20 of the Arbitration Act, 1940 in respect of an unregistered partnership.

4 Apr 2019

The Supreme Court allowed the appeal filed by the legal representatives of the original defendants against the judgment of the Allahabad High Court. T...

High Court

Bombay High Court Dismisses Petition of Peon Challenging Termination Due to Lack of Approval from Education Officer. Appointment was contingent on approval which was not granted, and the petitioner could not claim regularization.

8 Jan 2010

The petitioner, Smt. Ratnamala Purushottam Lonare, was appointed as a peon by the respondent management (Snehi Vikas Mandal) on 20th July 1994 for a p...

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