Search Results for "Reappreciation of Evidence"

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Lower Appellate Court's Erroneous Reversal of Trial Court's Decree. The Court Held That the First Appellate Court Must Reappreciate Evidence Independently and That a Co-Owner Cannot Claim Adverse Possession Without Ouster.

The present second appeal arises from a partition suit filed by the original plaintiff (since deceased, represented by legal heirs) against the appell...

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Supreme Court Partially Allows Appeal in Arbitration Dispute Over Construction of World's Highest Railway Bridge. Division Bench's Interference with Concurrent Findings of Arbitral Tribunal and Single Judge Set Aside for Exceeding Section 37 Scope.

The appeal arises from a dispute between Konkan Railway Corporation Limited (appellant) and Chenab Bridge Project Undertaking (respondent) concerning ...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award for Breach of Cotton Supply Contract. Court Holds That District Court Exceeded Its Jurisdiction Under Section 34 by Reappreciating Evidence and Interfering with Arbitrator's Findings on Factual Issues.

The appellant, M/s. Gill & Company Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment...

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Bombay High Court Condoned Delay in Filing Review Application and Dismissed Review as Not Maintainable Against Order Directing Reinstatement of Employee Whose Caste Claim Was Invalidated. The Court Held That Review Lies Only for Error Apparent on Record, Not for Reappreciation of Evidence.

The judgment pertains to Civil Application No. 1168 of 2015 filed by the Chief Executive Officer, Zilla Parishad, Gondia and the Medical Officer, Prim...

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Bombay High Court Allows Writ Petition by Municipal Council Against Labour Court Order of Reinstatement with Back Wages. Labour Court Exceeded Jurisdiction by Reappreciating Evidence in Domestic Inquiry Under Section 30 of MRTU & PULP Act, 1971.

The petitioner, Sangamner Nagar Parishad, challenged the judgment and order of the Labour Court, Ahmednagar, dated 30/04/2013, in Complaint (ULP) No. ...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Absence of Public Witness. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Sanjay Madhukar Kharade, was convicted by the Additional Sessions Judge, Solapur, under Section 302 of the Indian Penal Code, 1860, for...