Search Results for "preliminary fact"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "preliminary fact"

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High Court

High Court of Karnataka Quashes FIR Against Public Servants in Land Revenue Act Case — No Prima Facie Case for Abetment of Misappropriation. Allegations of unauthorized land transfer and criminal breach of trust by government officials quashed as FIR lacked specific allegations of dishonest intention or criminal misconduct under Section 192A of Karnataka Land Revenue Act, 1964.

17 Mar 2015

The judgment pertains to four connected petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR in Cr...

High Court

Bombay High Court Dismisses Suit as Barred by Limitation and Lack of Jurisdiction in Property Dispute Between Family Members. Suit for partition and accounts filed after 30 years from the date of cause of action is time-barred under Articles 65 and 113 of the Limitation Act, 1963, and the court lacks territorial jurisdiction as the property is situated outside its jurisdiction.

11 Mar 2020

The plaintiffs, Raishi S. Chheda and others, filed a suit for partition and accounts against the defendants, Dhirajlal R. Chheda and others, in the Bo...

Supreme Court

Supreme Court Reinstates Criminal Proceedings in Corruption Case Overturning High Court's Quashing of FIR. The Court held that authorization under Section 3 of J&K Prevention of Corruption Act, 2006 does not require a reasoned order, preliminary enquiry is permissible under Lalita Kumari, and the FIR disclosed cognizable offences of misappropriation under the Act.

29 Oct 2021

The dispute arose from criminal proceedings initiated against the respondent, a government official, for alleged corruption in the purchase of medical...

High Court

Bombay High Court Dismisses Challenge to Executive Magistrate's Order Under Section 145 CrPC in Land Dispute — Civil Suits Pending, No Interference Warranted. The court held that orders under Section 145 CrPC are not binding on civil courts and inherent powers under Section 482 CrPC should not be exercised when civil remedies are available.

15 Sep 2014

The applicant, Amrishchandra Agarwal, was a party in proceedings under Section 145 of the Code of Criminal Procedure, 1973 (CrPC) initiated on a polic...

High Court

Writ Appeals Filed by Upa-Lokayukta Against Dismissal of Writ Petition Challenging Communication Under Karnataka Lokayukta Act, 1984 – Single Judge Held Petition Not Maintainable

26 Apr 2016

The appellant, Justice Subhash B. Adi, is the incumbent Upa-Lokayukta of Karnataka, appointed in 2013 under the Karnataka Lokayukta Act, 1984. On 27 N...

High Court

Bombay High Court Allows Appeal of Employee in School Service Dispute - Appointment Not Made as Per Section 5 of MEPS Act, 1977. School Tribunal's Dismissal of Appeal on Preliminary Issues Set Aside, Matter Remanded for Fresh Adjudication on Merits.

12 Sep 2017

The appellant, Girdhar Anandrao Thaori, an employee of Dr. B.R. Ambedkar Shikshan Sanstha, filed an appeal before the School Tribunal under Section 9 ...

High Court

Bombay High Court Upholds Impleadment of Tenant in Eviction Suit — Applicant Claiming Tenancy Rights Has Direct Interest in Subject Matter. Order 1 Rule 10 CPC Allows Impleadment of Party Whose Rights Would Be Affected by Outcome of Suit for Possession.

22 Apr 2013

The Petitioner, original Plaintiff, filed a suit (S.C. Suit No.1830 of 2010) in the City Civil Court, Greater Mumbai, against Respondent Nos.1 and 2 (...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Declaration and Possession as Barred by Limitation in Property Dispute Between Mother and Son. Court holds that Article 58 of the Limitation Act, 1963 applies, and limitation runs from the date of knowledge of the defendant's adverse claim, not from the date of refusal to vacate.

22 Feb 2017

The plaintiff, Chetan Navnitlal Shah, filed a suit against his mother, Fizza Navnitlal Shah, seeking a declaration that he was the sole owner of a fla...

High Court

High Court of Karnataka Resolves Batch of Writ Petitions Challenging Land Acquisition for 'Nadaprabhu Kempegowda Layout'. The Petitioners Sought to Quash Preliminary Notification Dated 21.05.2008 and Final Notification Dated 18.02.2010 Issued by Bangalore Development Authority.

11 Jul 2014

A large batch of writ petitions came before the High Court of Karnataka at Bangalore, filed under Articles 226 and 227 of the Constitution of India. T...

High Court

Bombay High Court Allows Appeal Against Order Returning Plaint in Slum Rehabilitation Dispute, Finding Trial Court Erred in Not Deciding Jurisdiction Preliminary Issue. Full Bench Decision in Tulsiwadi Navnirman Held Not to Bar Civil Suit; Allegations of Fraud Required Adjudication, and Vague Issue Framing Was Insufficient.

4 Jan 2017

The appeal arose from an order of the City Civil Court at Bombay in a suit filed by the appellants (plaintiffs) seeking declaratory and injunctionary ...

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