Search Results for "presumptions"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "presumptions"

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High Court

Bombay High Court Dismisses Petition Challenging Maintenance Order for Aged Parents Under Section 125 CrPC — Refusal to Accept Notice Deemed Valid Service. The Court upheld the maintenance of Rs. 6,000/- per month to the parents, holding that the petitioner's refusal to accept registered notice constituted valid service and did not violate natural justice.

26 Apr 2024

The petitioner, Suresh Kaluram Thorat, a retired Veterinary Officer, filed a Criminal Writ Petition under Article 227 of the Constitution of India rea...

High Court

Bombay High Court Allows Appeal and Remands Land Acquisition Reference for Parity in Compensation — Presumption of Death Under Section 110 of BSA Act Clarified. The Court held that the principle of parity requires consistent compensation for similarly situated landowners and that legal representatives need not produce a succession certificate when relationship is undisputed.

8 Aug 2024

The case arises from a first appeal filed by the legal representatives of the original claimant, Savitribai Ambagade, against the judgment and award d...

Supreme Court

Supreme Court Allows Appeal by Child in Conflict with Law in POCSO Case — High Court's Revision Order Set Aside Due to Lack of Jurisdiction. The remedy against a Juvenile Justice Board order under Section 18(3) of the JJ Act is an appeal under Section 101(1) to the Court of Sessions, not a revision under CrPC.

13 Dec 2024

The present appeal was filed by a Child in Conflict with Law (CCL) against an order of the High Court which set aside an order of the Juvenile Justice...

High Court

Madras High Court examines challenge by Union of India to Armed Forces Tribunal order granting disability pension under new Army Pension Regulations, 2008. Tribunal had relied on Dharamvir Singh precedent under old regulations; court analyses attributability and onus of proof under new scheme.

7 Mar 2025

The Madras High Court heard a writ petition filed by the Union of India under Article 226 of the Constitution seeking to quash an order of the Armed F...

High Court

Bombay High Court Quashes Compulsory Retirement of District Judge for Non-Application of Mind and Violation of Natural Justice. Premature Retirement Order Set Aside as Review Committee Failed to Consider Entire Service Record and Adverse Remarks Were Not Communicated.

25 Nov 2019

The Petitioner, a District Judge, challenged his compulsory retirement from service on attaining the age of 55 years, by an order dated 12/07/2018. He...

High Court

High Court Dismisses Petition Challenging Majority Arbitral Award in Maritime Demurrage Dispute — Claim Time-Barred Under Charterparty Clause 24. The court upheld the majority arbitrators' finding that the demurrage claim was received beyond the 45-day period stipulated in clause 24 of the Tanker Voyage Charterparty, and thus the claim was time-barred.

4 Jan 2012

The petitioner, Axios Navigation Co. Ltd., a shipowner, challenged a majority arbitral award dated 18 August 2008 passed by a three-member Arbitral Tr...

High Court

Bombay High Court Allows Appeal in Succession Certificate Dispute — Divorced Wife and Son Entitled to Certificate Over Second Wife and Daughter. Court holds that under Section 372 of the Indian Succession Act, 1925, a divorced wife is not a 'spouse' and cannot claim succession certificate, but the son from the divorced wife is a Class I heir under the Hindu Succession Act, 1956.

29 Sep 2022

The case involves a dispute over a succession certificate for the deceased Vijendra Wagh. Respondent no.1 (Rukhminibai) was the first wife, who divorc...

Supreme Court

Supreme Court Dismisses Appeal of Public Servant in Water Pollution Case, Upholding Remand for Merits Consideration. Protection under Section 197 CrPC Held Unavailable Due to Deeming Provisions in Sections 47 and 48 of Water (Prevention and Control of Pollution) Act, 1974, Which Override General Criminal Procedure Under Section 60.

13 Jul 2021

The Supreme Court considered a criminal appeal arising from prosecution under the Water (Prevention and Control of Pollution) Act, 1974. The appellant...

High Court

Bombay High Court Dismisses Husband's Transfer Petition in Domestic Violence Case — Maintains Wife's Choice of Forum Under PWDV Act. The court held that the wife's choice of forum under Section 12 of the Protection of Women from Domestic Violence Act, 2005 cannot be overridden by the husband's convenience under Section 24 CPC.

20 Dec 2023

The judgment concerns two Miscellaneous Civil Applications filed by husbands seeking transfer of proceedings initiated by their wives under the Protec...

Supreme Court

Supreme Court Allows Appeal in Election Dispute Over Non-Disclosure of Spouse's Income Tax Details. The Court held that non-disclosure of income tax details of a non-resident spouse who is not a citizen of India and not liable to pay tax in India does not constitute a corrupt practice under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

1 Jan 2023

The case involves an election petition filed by A. Santhana Kumar, a voter, challenging the election of Kanimozhi Karunanidhi from the Thoothukudy Lok...

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