Search Results for "Section 33(3)"

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings of Possession and Title. Court holds that admission of storage of rubble by defendants does not negate plaintiffs' possession of eastern side of suit property.

The second appeal was filed by original defendant nos. 1 and 2 challenging concurrent judgments and decrees granting declaration of title and injuncti...

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High Court of Karnataka Quashes ITAT's Rectification Order in Income Tax Case — Tribunal Exceeded Jurisdiction Under Section 254(2) by Reviewing Its Own Decision. Mistake Apparent from Record Must Be Obvious and Not Require Re-appreciation of Evidence.

The petitioner, M/s. I.G. Petrochemicals Ltd., an assessee under the Income Tax Act, 1961, filed a writ petition challenging the order dated 05.09.202...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

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Supreme Court Acquits Forest Officer in Murder Case Due to Hostile Witnesses and Failure to Prove Incident Beyond Reasonable Doubt. Conviction under Section 304 Part II IPC Set Aside as Prosecution Failed to Establish Manner of Occurrence.

The appellant, Sukumaran, a Forest Range Officer, was convicted by the Additional Sessions Judge, Dharmapuri, for offences under Sections 302 and 203 ...

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Bombay High Court at Goa Quashes CBI Court Order Directing FIR Registration in Corruption Case — Lack of Jurisdiction Under Section 156 CrPC. Special Judge Cannot Direct Investigation Without Complaint Under Prevention of Corruption Act, 1988.

The petitioners, the Police Inspector and Superintendent of Police of the Central Bureau of Investigation (CBI), challenged an order dated 3.5.2014 pa...

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Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

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Bombay High Court Grants Injunction in Trademark Infringement Case Involving Beer Brands 'Haywards 5000' and '50000'. The court held that the numeral '5000' is an essential feature of the plaintiff's mark and that the defendants' mark '50000' is deceptively similar, leading to likelihood of confusion.

The plaintiff, Skol Breweries Limited, filed a suit for infringement and passing off against the defendants, Fortune Alcobrew Pvt. Limited and Hindust...