Search Results for "Conclusive evidence"

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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 "Conclusive evidence"

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High Court

Bombay High Court Allows DNA Test in Maintenance Case to Determine Paternity — Revisional Court Erred in Quashing Magistrate's Order Without Considering Prima Facie Evidence of Marriage and Cohabitation.

10 Mar 2023

The petitioner, Madanaiah Durgam Chinna Kande, challenged the order of the Additional Sessions Judge, Chandrapur, dated 16th November 2021, which quas...

High Court

Bombay High Court Quashes Labour Court Award Holding Accounts Supervisor Not a Workman Under Industrial Disputes Act — Failure to Consider Evidence and Decide All Issues Renders Award Perverse. The court held that mere nomenclature as 'accounts supervisor' is not conclusive and that the Labour Court must decide all issues, not just preliminary objections, under Section 2(s) of the Industrial Disputes Act, 1947.

5 Feb 2021

The petitioner, Shri Damodar Mangueshkar, represented by the Cidade de Goa Hotel Employees Union, challenged the award dated 26.05.2010 passed by the ...

High Court

High Court of Bombay at Goa Hears CBI's Appeal Against Acquittal in British Minor's Death Case; Trial Court Found CBI Investigation Invalid Without Proper Authorization. The trial court held that the CBI chargesheet was a fresh one and not a supplementary chargesheet, and that no notification empowered the CBI to register a new FIR in Mumbai.

17 Jul 2019

The Central Bureau of Investigation (CBI) filed an appeal under Section 378(2) of the Code of Criminal Procedure, 1973, against the judgment and order...

High Court

High Court of Karnataka Dismisses Appeals of Convicted Accused and Partly Allows Victim's Mother's Appeal in Gang Rape and Murder Case — Life Imprisonment Confirmed, Compensation Enhanced. The court upheld the trial court's conviction of four accused under Sections 376 and 302 IPC read with 149 IPC, while rejecting the appeal against acquittal of one accused, and enhanced compensation under Section 357 CrPC.

7 Sep 2015

The case involves multiple criminal appeals arising from the judgment of the V Additional District and Sessions Judge, Belgaum, in Sessions Case No. 9...

High Court

High Court of Karnataka Dismisses KSRTC's Revision Against Execution of Foreign Decree — Foreign Judgment Not Challenged on Merits, Execution Proceeding Valid Under Section 13 CPC. The court held that a foreign decree is conclusive unless set aside by the foreign court, and objections to its validity cannot be raised in execution proceedings.

14 Jul 2023

The Karnataka State Road Transport Corporation (KSRTC) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) ch...

High Court

Bombay High Court Holds Summary Judgment Under UK Civil Procedure Rules Is a Judgment on Merits Executable in India Under Section 13 CPC. Foreign decree passed under Part 24 of UK CPR is considered a judgment on merits and is conclusive under Section 13 CPC, thus executable under Section 44A CPC.

17 Feb 2005

The present chamber summons was taken out by the judgment debtor (defendant no.3) seeking adjournment to raise attachment of a flat and dismissal of t...

Supreme Court

Supreme Court Addresses Caste Certificate Verification and Affinity Test in Scheduled Tribe Claims Under Maharashtra Act. The Court examines procedural guidelines and the role of affinity tests in determining caste claims, referencing prior judicial directives and legislative frameworks.

24 Mar 2023

The dispute centered on the verification of caste certificates for Scheduled Tribes in Maharashtra, involving procedural guidelines and the role of th...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

High Court of Bombay at Goa Hears Appeal Against Trial Court's Refusal to Grant Specific Performance of Agreement to Sell Land. Trial Court Had Awarded Money Decree for Rs. 50,000 and Rs. 17,00,000 with Interest but Dismissed Claim for Specific Performance; Validity of Subsequent Sale Deed to Third Party Also in Issue.

5 Aug 2010

The appellant, M/s. Primella Sanitary Products Pvt. Ltd., filed a civil suit for specific performance of an agreement dated 4 September 1985 against r...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Negligence of Driver — Tribunal Erred in Dismissing Claim Petition on Ground of Contributory Negligence Without Evidence.

15 Oct 2024

The appeal was filed by the claimants, legal representatives of the deceased Mani, challenging the judgment and award dated 29.07.2013 passed by the V...

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