Search Results for "ratio decidendi"

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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 Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "ratio decidendi"

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High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

Supreme Court

Supreme Court Allows Canara Bank's Appeal in Compassionate Appointment Case — Sets Aside Compensation and Costs, Directs Reconsideration of Age Relaxation. The Court held that the High Court erred in substituting its own view on financial distress and in awarding compensation and costs without finding mala fides.

10 Feb 2025

The case involves an appeal by Canara Bank against a judgment of the Kerala High Court that directed the bank to appoint the respondent, Ajithkumar G....

High Court

Dispute Over Salary and Service Conditions in Minority Institutions. A petitioner's claim for unpaid salary and challenges on contractual obligations in private minority institutions culminate in judicial findings emphasizing contractual law over public duty.

19 Dec 2024

The High Court considered two writ petitions filed over the payment of salary and service conditions of a lecturer employed by a minority institution....

High Court

High Court upholds adherence to statutory rules in electoral roll disputes; Mandamus denied.

18 Oct 2024

The petitioner sought relief from the Bombay High Court, Aurangabad Bench, to direct the Election Commission to remove duplicate names in the voters' ...

High Court

Bombay High Court Allows Maintenance to Second Wife in Section 125 CrPC Case Despite Void Marriage Due to Husband's Deception. Husband Cannot Deny Maintenance on Ground of Invalidity of Marriage When He Concealed Prior Marriage.

14 Dec 2023

The petitioner, Mrs. Alka Bhausaheb Bhad, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the judgment and o...

High Court

Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

29 Nov 2023

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

High Court

Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

23 Aug 2021

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Cooperative Credit Society Tax Deduction Case — Society Not a Cooperative Bank Despite Non-Member Transactions. Primary Cooperative Credit Society remains eligible for deduction under Section 80P(2)(a)(i) of Income Tax Act, 1961 even if it accepts deposits from and lends to non-members, as it is not a cooperative bank under Section 5(ccv) of Banking Regulation Act, 1949.

7 May 2021

The case involves four tax appeals filed by the Revenue (Pr. Commissioner of Income Tax, Goa) against the common order of the Income Tax Appellate Tri...

High Court

Bombay High Court Dismisses Revenue Appeal for Lack of Territorial Jurisdiction in Income Tax Matter. Jurisdiction lies with High Court where Assessing Officer is located, not where ITAT Bench sits.

27 Oct 2020

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT), Panaji Bench, which had ru...

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