Search Results for "re-appreciation of 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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "re-appreciation of evidence"

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High Court

Bombay High Court Allows Second Appeal in Property Suit — Lower Appellate Court Failed to Re-appreciate Evidence. The Court held that the first appellate court's non-application of mind to evidence constituted a substantial question of law under Section 100 of the Code of Civil Procedure, 1908, warranting remand for fresh consideration.

12 Nov 2025

The case involves a second appeal filed by the original defendant, Krishnabai Babya Navale, challenging the judgment dated 21.01.2017 passed by the le...

High Court

Bombay High Court Allows Second Appeal in Possession and Mesne Profits Suit — First Appellate Court's Findings Set Aside as Perverse. The Court held that the first appellate court failed to re-appreciate evidence and ignored admissions, warranting interference under Section 100 of the Code of Civil Procedure, 1908.

3 Nov 2025

The plaintiff (appellant) filed a suit for possession and mesne profits against the defendant (respondent) in respect of a property in Kolhapur. The p...

High Court

High Court of Karnataka Acquits Accused in Forest Offence Case Due to Procedural Lapses and Lack of Evidence. Conviction under Karnataka Forest Act and Wildlife Protection Act set aside as prosecution failed to prove possession of forest produce beyond reasonable doubt.

14 Jul 2023

The revision petitioner, Pramod S/o Arjun Kanakupakar, was convicted by the Civil Judge & JMFC, Dandeli in C.C.No.735/2010 for offences under Sections...

High Court

High Court of Karnataka Dismisses Appeal of Workman in Minimum Wages Dispute — Oral Termination Not Proved. Single Judge's Order Upheld as Workman Failed to Establish Employer-Employee Relationship and Termination.

7 Jul 2023

The appellant, Sri. Andanappa S/o. Adiveppa Hatti, filed a writ appeal before the Karnataka High Court, Dharwad Bench, challenging the order of the le...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Must Be Pleaded and Proved; Absence of Pleading and Evidence of Financial Capacity Leads to Dismissal of Suit.

6 Jul 2023

The appellant (defendant) appealed against the judgment and decree dated 27/03/2017 passed by the Senior Civil Judge and Principal J.M.F.C., K.G.F. in...

High Court

High Court of Karnataka Allows Regular Second Appeal in Partition Suit — Reverses First Appellate Court's Judgment for Misreading Evidence and Ignoring Adverse Possession Claim. The Court held that the First Appellate Court failed to properly re-appreciate evidence and erroneously reversed the trial court's decree without considering the appellant's claim of adverse possession and the validity of the Will.

15 Jun 2023

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellant, J K Ramesha, challenging th...

High Court

Bombay High Court Partially Allows Petition Challenging Industrial Court's Order of Reinstatement with Full Back Wages in BIR Act Case. Employer's Jurisdiction for Misconduct Outside Premises Upheld, but Industrial Court's Power to Re-appreciate Evidence in Appeal Under Section 84 of Bombay Industrial Relations Act, 1946 is Affirmed.

12 Jul 2016

The Petitioner, M/s. William Industries Pvt. Ltd., challenged an order of the Industrial Court at Mumbai which partly allowed the appeal of the first ...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Loan Dispute — Petitioner's Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Rejected. Court Held That Arbitrator's Findings on Default and Foreclosure Were Not Patently Illegal or Against Public Policy.

20 Apr 2016

The petitioner, M/s. Sea Eagle Dredging Marine Infrastructure Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation A...

High Court

Bombay High Court Dismisses Petition by Cooperative Bank Challenging Labour Court's Finding of Forced Resignation. Resignation Letter Obtained Under Duress and Accepted Without Notice Period Violates Standing Orders, Constituting Illegal Termination.

21 Dec 2015

The petitioner, Nanded District Central Cooperative Bank Limited, challenged the judgment of the Labour Court dated 26.5.2014 in Complaint (ULP) No. 7...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Commodity Brokerage Dispute — Upholds Tribunal's Finding That Broker Failed to Prove Client's Liability. Member Client Agreement and Running Account Basis Did Not Shift Burden of Proof to Client Under Section 34 of Arbitration and Conciliation Act, 1996.

16 Apr 2015

The petitioner, Bonanza Commodities Brokers Pvt. Ltd., a member of Multi Commodity Exchange of India Ltd. (MCX), filed a petition under Section 34 of ...

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