Search Results for "pragmatic view"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "pragmatic view"

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Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

Supreme Court

Safeguarding Women's Rights and Ensuring Justice for Victims of Cruelty. Protection against Cruelty: Section 85 and 86 of Bharatiya Nyaya Sanhita, 2023, considering the pragmatic realities and the need for necessary changes to prevent misuse of legal provisions.

3 May 2024

Appeal arising from a judgment passed by the High Court of Punjab & Haryana on April 5, 2022, in a criminal case involving the appellant accused o...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated by Failure to Furnish Statements of Co-Accused.

27 Apr 2018

The petitioner, wife of the detenu Mushtaq Abubakar Sayed, filed a writ petition under Article 226 of the Constitution of India challenging the detent...

High Court

Bombay High Court Dismisses Municipal Corporation's Petitions Challenging Rejection of Delay Condonation in Property Tax Appeals — Upholds District Judge's Finding of No Sufficient Cause for 6-Year Delay Under Section 411 of Maharashtra Municipal Corporation Act

21 Mar 2023

The Municipal Corporation of Thane filed seven writ petitions challenging a common judgment dated 1 July 1999 by the 4th Additional District Judge, Th...

Supreme Court

Supreme Court Upholds Death Sentence for Brutal Rape and Murder of Two-Year-Old Child. Circumstantial Evidence and Medical Testimony Confirm Guilt Under Sections 302, 363, 376, 377 IPC.

3 Oct 2019

The case involves the brutal kidnapping, rape, unnatural offence, and murder of a two-year-old girl by the appellant, Ravi S/o Ashok Ghumare, in Jalna...

High Court

High Court of Karnataka Quashes Trial Court Order in Succession Case for Lack of Jurisdiction to Reopen Probate Proceedings. Letters of Administration cannot be revoked under Section 263 of the Indian Succession Act, 1925 without a properly instituted petition and notice to all parties.

2 Sep 2014

The petitioner, Smt. Gajalakshmi, sought Letters of Administration in respect of the last will and testament of her paternal uncle, Radhakrishna Reddy...

High Court

High Court of Karnataka Upholds Constitutional Validity of Section 53-A CrPC for Medical Examination of Accused in Rape Cases. Challenge to police notice for medical examination dismissed as Section 53-A is not violative of Article 20(3) or Article 21 of the Constitution.

3 Dec 2014

The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the C...

High Court

Bombay High Court Dismisses Bail Appeal in NIA Case Under UAPA and Explosives Substances Act — Appellant Alleged Co-Conspirator in ISIL Terror Plot. Court Held That Prima Facie Case of Conspiracy and Recovery of Incriminating Material From Appellant's House Attracted Bar Under Section 43D(5) of UAPA, Precluding Grant of Bail.

13 Aug 2021

The appellant, Iqbal Ahmed Kabir Ahmed, was accused No. 3 in a case registered by the National Investigation Agency (NIA) for offences under the India...

High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Modifies Trial Court's Decree on Self-Acquired Properties. The court upheld the trial court's finding on joint family property but excluded certain items from partition due to lack of evidence of jointness.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and widow) against the appellants (sons) for partition of suit schedule propert...

Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

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