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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "averment"

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High Court

Bombay High Court Quashes Criminal Complaint Against Directors in Boiler Explosion Case — Directors Not Vicariously Liable for Company's Failure to Register Boiler Under Indian Boilers Act, 1923. Court holds that without specific averments of active role or knowledge, directors cannot be prosecuted for offences under Sections 6, 13, 23, 29, 30 of the Act read with Rules 68, 69, 121 of Maharashtra Boiler Rules, 1962.

22 Aug 2013

The petitioners, Shri Amarnath Baijnath Gupta and Shri S.V. Kannan, were directors of M/s. Premier Explochem Limited. On 5 May 2007, an explosion occu...

High Court

Bombay High Court Dismisses Application for Recalling Witness in Election Petition — No Power to Recall Witness After Cross-Examination Under CPC and Representation of the People Act, 1951. The court held that Order XVIII Rule 17 CPC does not permit recall of a witness for further cross-examination after discharge, and inherent powers under Section 151 CPC cannot be invoked to circumvent specific provisions.

30 Nov -0001

The case arises from an election petition filed by Ravindra Ramji Mundhe (petitioner) challenging the election of Avadhoot Anil Tatkare (respondent No...

Supreme Court

Supreme Court Upholds Division Bench Order in AIADMK Internal Dispute — Interim Injunction Denied for Party Meetings. Court holds that temporary injunction in political party affairs requires strict compliance with CPC principles and balance of convenience.

27 Sep 2022

The Supreme Court disposed of a batch of appeals arising from interim orders in civil suits concerning the internal management of the All India Anna D...

High Court

High Court of Karnataka Allows Appeal in Injunction Suit, Remands Case for Fresh Consideration on Possession and Title. Trial court's dismissal of suit and decree of counter claim set aside due to improper appreciation of evidence.

19 Feb 2013

The appellant, P V Kamesh Kumar, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

High Court

Bombay High Court Dismisses Second Appeal in Land Ownership Dispute — Plaintiff Fails to Prove Title by Adverse Possession Against State Forest Department. Continuous possession for over 50 years not sufficient to establish ownership without clear evidence of hostile possession and ouster of true owner.

30 Sep 2019

The appellant, Tanaji Gulabgir Gosavi, filed a second appeal before the Bombay High Court challenging the concurrent judgments of the trial court and ...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Property Dispute — Suit Not Barred by Limitation or Res Judicata. The court held that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of rejection of plaint under Order VII Rule 11 CPC.

4 Sep 2020

The appellant, Siddesh B.T. Umesh, filed a suit (O.S.No.2366/2018) before the XII Additional City Civil and Sessions Judge, Bengaluru, seeking a decla...

High Court

High Court Upholds Detention Order under COFEPOSA Act for Smuggled Goods Concealment Despite Argument of Classification Under Section 3(1)(i). Activities of Transporting Concealed Watches and Phones and Dealing in Smuggled Goods Held to Fall Under Sections 3(1)(iii) and 3(1)(iv) of COFEPOSA Act, 1974, Not Vitiated by Reference to Smuggling in Grounds.

13 Jun 2005

The case involved a writ petition filed by the wife of a detenu challenging a preventive detention order issued under section 3(1) of the Conservation...

High Court

Bombay High Court Allows Appeal in Lease vs. Licence Dispute — Agreement Dated 1st March 1977 Held to Create Licence, Not Lease. Court Interprets Clauses of Agreement to Determine Intention of Parties, Finding No Transfer of Interest in Property.

28 Feb 2014

The dispute in this second appeal arises from a suit filed by the appellant, Prakash Ganesh Lotlikar, against the respondent, Joel Avelino Noronha, se...

High Court

Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

27 Aug 2013

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Case — Agreement Not Binding on Minor Coparceners. Karta's alienation of joint family property without legal necessity or benefit is not binding on minors; readiness and willingness cannot be considered for first time in appeal without issue framed.

22 Dec 2018

The appellants, original defendants 1 to 5, are members of a joint Hindu family. Respondent 1, Kiran Avachat, filed Special Civil Suit 78/2006 for spe...

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