Search Results for "Formal defect"

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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 "Formal defect"

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High Court

High Court of Karnataka Allows Additional Evidence in NI Act Appeal — Section 391(1) Cr.P.C. Application for Producing Bank Statements Allowed to Ensure Fair Opportunity. The court set aside the appellate court's rejection order and directed reconsideration of the appeal after permitting additional evidence.

7 Mar 2025

The petitioner, Sri J. Ramesh, filed a criminal petition under Section 482 Cr.P.C. challenging an order dated 20-09-2024 passed by the LIX Addl. City ...

High Court

Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

22 Feb 2024

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

High Court

High Court of Bombay at Goa Upholds Conviction for Attempt to Murder and House Trespass — Iron Pipe Assault on Advocate in Office. Evidence of Victim and Medical Testimony Found Credible; No Prejudice from Absence of Written Charge Sheet.

12 Oct 2023

The appellant, Eknath Naik, was convicted by the Additional Sessions Judge, Panaji, for offences under Sections 307 (attempt to murder) and 452 (house...

High Court

Bombay High Court Dismisses Petition Challenging Late Filing of Written Statement in Commercial Suit — Service of Writ of Summons Not Mandatory When Defendant Has Entered Appearance and Received Plaint and Notice of Motion. The court held that the object of service of summons is to give notice, and if the defendant has already appeared and received the plaint, formal service is not required under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015.

21 Dec 2022

The Petitioner, Metro Ortem Ltd, a public limited company, filed a Commercial Suit No. 3 of 2019 before the Bombay City Civil Court at Mumbai against ...

High Court

Bombay High Court Dismisses Revision Against Acquittal in Murder Case Due to Lack of Credible Evidence. Complainant Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 147, 148, 302 read with 34 IPC.

16 Dec 2022

The case arises from a criminal revision application filed by the complainant, Abdul Rasheed, against the acquittal of the accused persons in Sessions...

Supreme Court

Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

15 Mar 2022

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

Supreme Court

Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

1 Jan 2020

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

High Court

High Court of Bombay at Goa Allows Writ Petition on Interest on Refund Under Goa VAT Act — Interest Payable from Date of Assessment Order Determining Refund. Section 33(2) of the Goa Value Added Tax Act, 2005 mandates interest from the date the amount became refundable, which is the date of the assessment order, not the date of actual refund.

16 Oct 2019

The petitioner, United Spirits Ltd. (formerly McDowell and Co. Ltd.), a registered dealer under the Goa Value Added Tax Act, 2005, filed returns for t...

High Court

Bombay High Court Allows Second Appeal in Trust Scheme Dispute, Remands Matter for Fresh Consideration of Hereditary Trusteeship Claims. The Court held that the District Judge erred in remanding the matter without considering the merits of the scheme application and the rights of legal heirs under the Bombay Public Trusts Act, 1950.

9 Oct 2019

The appellants, original applicants in Scheme Application No. 17 of 1987, sought framing of a scheme for the public trust 'Hazrat Sayyad Dalal @ Shaik...

Supreme Court

Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

20 Aug 2019

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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