Search Results for "appellate interference"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "appellate interference"

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High Court

Bombay High Court Allows Writ Petition in Specific Performance Suit — Unregistered Agreement for Sale Can Confer Lawful Possession Entitled to Injunctive Protection. The Court held that possession under an unregistered agreement for sale is lawful and protectable, and the appellate court erred in reversing the trial court's discretionary order by misapplying Section 49 of the Registration Act, 1908 and the ratio in Suraj Lamp.

13 Mar 2025

The petitioner, Annappa Maruti Zalke, filed a suit for specific performance of an agreement for sale dated 11th May 2002 and for an injunction restrai...

Supreme Court

Supreme Court Restores Enhanced Compensation in Motor Accident Claim — School Leaving Certificate Prevails Over Aadhar for Age Proof. The Court held that the School Leaving Certificate is statutory proof of age under Section 94(2) of the Juvenile Justice Act, 2015, and Aadhar Card is not proof of date of birth, thereby restoring the Tribunal's award based on multiplier 14 and District Commissioner rates.

16 Dec 2024

The case arises from a motor accident claim filed by the wife and sons (claimant-appellants) of deceased Silak Ram, who died in a road accident on 4th...

High Court

Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Upheld as Not Arbitrary or Perverse.

9 Oct 2020

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Property Dispute — Interim Injunction Restored Pending Suit. The court held that the appellate court exceeded its jurisdiction by reversing the trial court's grant of interim injunction without finding perversity, and restored the status quo ante.

14 Aug 2020

The petitioners, Vishnu Anant Dessai and his wife, filed a suit in 2015 seeking declaration that a sale deed executed in 2014 by the vendor (responden...

High Court

Bombay High Court Allows Tenant's Writ Petition in Eviction Case Based on Denial of Title — Rent Controller's Order Restored. Landlady's eviction application dismissed as denial of title was not bona fide and tenant continued to pay rent.

14 Jan 2021

The dispute pertains to a residential house in Panaji, Goa, leased by Antonio Neri Francisco Fernandes to Chintamona Boirov Moralkar in 1952. After Ch...

High Court

Bombay High Court Allows Landlord's Petition in Rent Default Case — Eviction Decree Restored. Tenant's failure to pay rent for over six months constitutes wilful default under Section 22(2)(a) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.

27 Jul 2022

The petitioners, landlords of a commercial premises, sought eviction of the respondent tenant on the ground of default in payment of rent under Sectio...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — No Interference with Trial Court's Discretion Under Order 39 CPC. The Court held that the trial court's refusal to grant injunction was not perverse and the appellate court should not substitute its own discretion.

8 Jun 2023

The present appeal arises from an order passed by the trial court refusing to grant a temporary injunction in favor of the appellants/plaintiffs. The ...

High Court

High Court of Bombay Dismisses State's Appeal Against Acquittal Under Section 307 IPC and for Enhancement of Sentence, Upholds Conviction Under Sections 147, 148, 324/149 IPC with Fine Only. Court Holds That Absence of Intention to Cause Death and Medical Evidence Not Suggestive of Life-Threatening Injuries Justify Acquittal Under Section 307 IPC, and Fine-Only Sentence Is Adequate for Minor Offences Committed by First-Time Offenders.

12 Jun 2017

The case arose from a longstanding property dispute between the complainant and the accused over a common bundh and cart track. Both parties had filed...

High Court

Karnataka High Court Hears Appeal Under Order 43 Rule 1(r) CPC Against Dismissal of Interim Injunction Applications in Suit for Recovery of Mortgage Debt. Appellant Sought to Restrain Further Mortgage and Commercial Operations Pending Suit.

23 Nov 2024

The appeal arose from a recovery suit filed by M/s Gaurav Rose Real Estate Pvt. Ltd. against M/s Blue Horizon Hotels Pvt. Ltd. and others for Rs.5 cro...

High Court

High Court of Bombay at Nagpur Reverses Acquittal of Accused in Cheque Dishonour Case Under Section 138 N.I. Act Due to Failed Rebuttal of Presumption. Hand Loan Repayment Defence Not Proved by Accused; Holder's Authority Under Section 20 to Complete Inchoate Cheque Affirmed.

2 Feb 2019

The appeal before the High Court of Bombay, Nagpur Bench, arose from a judgment of the Judicial Magistrate First Class, Nagpur, acquitting the accused...

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