Search Results for "liberal approach"

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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 "liberal approach"

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High Court

Bombay High Court Allows Amendment of Plaint in Pre-emption Suit Under Portuguese Civil Code — Right of Co-owner to Purchase Share Not Extinguished by Sale to Third Party. The court held that at the pre-trial stage, amendments to pleadings should be liberally allowed to determine the real controversy, and the trial court erred in dismissing the application under Order VI Rule 17 CPC.

7 Feb 2025

The petitioners, as co-owners of a suit property, filed a suit for declaration, specific performance, and injunction against the respondents, who are ...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit — Foundational Pleadings Already Present, No Change in Nature of Suit. The court held that the amendment adding grounds of unlawful subletting and non-user did not alter the nature of the suit and was necessary to avoid multiplicity of litigation.

4 Jul 2024

The Bombay High Court dismissed a petition challenging an order of the Small Causes Court, Mumbai, which allowed the plaintiffs to amend their plaint ...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

Supreme Court

Supreme Court Interprets Section 29A(h) of Insolvency and Bankruptcy Code, 2016 Regarding Guarantor Eligibility. The court held that a person who has executed an enforceable guarantee is not disqualified from submitting a resolution plan unless the guarantee has been invoked, as liability crystallizes upon invocation under the amended provisions.

18 Jan 2022

The Supreme Court was called upon to interpret Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, as amended, concerning the eligibility of a...

Supreme Court

Supreme Court Dismisses State Appeal in Dowry Death and Abetment to Suicide Case Due to Lack of Dowry Demand and Abetment Evidence. Demand for Money for House Construction Not Treated as Dowry Under Section 304-B IPC, and Insufficient Proof of Abetment Under Section 306 IPC, While Cruelty Conviction Under Section 498-A IPC for Husband is Upheld.

11 Jan 2022

The appeal was filed by the State of Madhya Pradesh against a High Court judgment that set aside convictions under Sections 304-B and 306 IPC for dowr...

Supreme Court

Supreme Court Dismisses Appeal Against RBI Guidelines Prohibiting Merchanting Trade in Banned Goods During Pandemic. Clause 2(iii) of the 2020 MTT Guidelines is a reasonable restriction under Article 19(6) as it serves the legitimate aim of preserving domestic PPE stocks and is not manifestly arbitrary.

6 Dec 2021

The appeal arose from a judgment of the Madhya Pradesh High Court upholding Clause 2(iii) of the Revised Guidelines on Merchanting Trade Transactions ...

High Court

Bombay High Court Allows Writ Petition in Sabka Vishwas Scheme Case — Directs Reconsideration of Application Under 'Litigation' Category. Petitioner's application under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 rejected due to misclassification; court holds that mere pendency of appeal qualifies as 'litigation' and directs respondents to process application accordingly.

8 Mar 2021

The petitioners, Morde Foods Pvt. Ltd. and its director, filed a writ petition under Article 226 of the Constitution of India challenging the rejectio...

High Court

Bombay High Court Allows Writ Petitions Under Sabka Vishwas Scheme, Directs Substitution of Estimated Amount with Tax Dues as Per Adjudicated Order. The court held that for the purpose of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, the 'tax dues' refer to the amount determined in the order-in-original, not the show cause notice, even if the order was set aside on appeal.

5 Nov 2020

The three writ petitions under Article 226 of the Constitution of India challenged the respondents' action in issuing forms SVLDRS-2 and SVLDRS-3 unde...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

High Court

Bombay High Court Allows Condonation of Delay in Bringing Heirs on Record, Setting Aside Technical Rejection. Delay of 6 days condoned to allow appeal to be heard on merits, emphasizing liberal approach under limitation law.

15 Nov 2011

The judgment concerns two writ petitions arising from orders of the Adhoc District Judge-I, Kolhapur. Writ Petition No.6271 of 2010 challenges an orde...

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