Search Results for "Wilful default"

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Bombay High Court Dismisses Second Appeal in Land Ownership Dispute — Plaintiff Fails to Prove Title by Adverse Possession Against State Forest Department. Continuous possession for over 50 years not sufficient to establish ownership without clear evidence of hostile possession and ouster of true owner.

The appellant, Tanaji Gulabgir Gosavi, filed a second appeal before the Bombay High Court challenging the concurrent judgments of the trial court and ...

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Bombay High Court Acquits Accused in Abetment of Suicide Case Due to Lack of Instigation. Love quarrel and threat to self-harm do not constitute abetment under Section 306 IPC as deceased acted on her own impulse.

The appellant, Shaikh Asif Ismail, was convicted by the 5th Additional Sessions Judge, Ahmednagar, on 19.5.2000 in Sessions Case No.80/1999 for the of...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Agricultural Land Enforced as Plaintiff Proved Readiness and Willingness to Perform Contract.

The respondent-plaintiff Shankar Sonaji Shingne filed a suit for specific performance of an agreement to sell 18 acres of agricultural land owned by t...

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Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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Bombay High Court Dismisses Petition Challenging Damages Under Section 14-B of EPF Act for Delayed Contributions. Levy of Damages Under Section 14-B Does Not Require Mens Rea and Is Compensatory in Nature.

The petitioner, Poona Shims Pvt. Ltd., challenged an order dated 30.6.1995 passed by the Regional Provident Fund Commissioner under Section 14-B of th...

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Bombay High Court Convicts Directors for Contempt of Court in Winding Up Case - Breach of Undertaking and Removal of Seals Leads to Conviction. Wilful Disobedience of Court Order Constitutes Civil Contempt Under Sections 2 and 12 of the Contempt of Courts Act, 1971.

The present show cause notice was issued under Section 2 read with Section 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution ...

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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...