Search Results for "Constructive possession"

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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 Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Constructive possession"

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Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

High Court

High Court of Judicature at Bombay Decides Petitions for Enforcement and Setting Aside of Foreign Arbitration Award — Partial Award on Jurisdiction Upheld; Challenge under Section 34 Considered Inappropriate for Foreign Award. Enforcement of Award under Sections 44-49 Proceeded While Section 34 Petition Found Not Maintainable Against a Foreign Award Governed by English Law.

9 May 2014

The dispute arose from an agency agreement between Perma Container (UK) Line Limited (claimant), a UK company, and Perma Container Line (India) Pvt. L...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Order VII Rule 11 CPC in Suit for Specific Performance. Court Holds That Agreement to Sell Need Not Be Registered Under Maharashtra Stamp Act for Purposes of Order VII Rule 11 CPC, and That Questions of Limitation and Valuation Are Mixed Questions of Fact and Law Not Decided at Threshold.

28 Mar 2023

The petitioner, Vijay Shivram Pathare, filed a Civil Writ Petition under Article 227 of the Constitution of India challenging the order dated 8th Augu...

Supreme Court

Supreme Court Upholds NGT Directions on Buffer Zones for Lakes and Rajakaluves in Bangalore — Environmental Protection Prevails Over Development Rights. The Court held that the NGT's directions for buffer zones of 75 meters around lakes and 25-50 meters around Rajakaluves are valid and must be implemented prospectively, rejecting retrospective application.

5 Mar 2019

The case involves multiple appeals under Section 22 of the National Green Tribunal Act, 2010, challenging orders of the National Green Tribunal (NGT) ...

High Court

High Court of Judicature at Bombay Sets Aside Recovery Notices for Sugarcane Purchase Tax and Sales Tax from Auction Purchaser; Petitioner Not Liable for Pre-existing Statutory Dues of Defaulter Sugar Factory. Sale of Secured Assets under SARFAESI Act on 'As Is Where Is' Basis Did Not Include Notice of Tax Dues Absent from Revenue Records at Time of Bid Submission.

1 Aug 2017

The matter arose from a writ petition filed by a sugar factory (petitioner) challenging communications dated 29th November 2016 and 23rd January 2017 ...

Supreme Court

Supreme Court Dismisses Borrowers' Appeal in SARFAESI Act Case — Sale of Secured Asset Complete Upon Issuance of Sale Certificate, Registration Not Essential. Right of Redemption Under Transfer of Property Act Extinguished Upon Sale Under Section 13(4) of SARFAESI Act, and Tender of Dues After Sale Date Invalid Under Section 13(8).

20 Aug 2019

The case involves an appeal by borrowers, Shakeena and another, against the Bank of India and others, challenging the sale of their mortgaged property...

High Court

Bombay High Court Allows Appeals of Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Conviction for Possession of Hashish Set Aside as Search and Seizure Were Conducted Without Proper Authorization and Without Informing Accused of Their Rights.

2 Mar 2006

The case involves two criminal appeals filed by Satyawan Pagi (A1) and Vimal Singh (A2) against their conviction and sentence under Section 20(b)(ii)(...

Supreme Court

Supreme Court Hears Appeals Against Conviction Under Arms Act and IPC in 1993 Bombay Serial Blasts Case. Appellants Challenged Conviction for Possession of Prohibited Arms Without License and Destruction of Evidence.

1 Aug 2026

The Supreme Court heard appeals against the conviction and sentence of Sanjay Dutt (A-117), Yusuf Mohsin Nulwalla (A-118), and Kersi Bapuji Adajania (...

Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

Supreme Court

Supreme Court Allows Union of India's Appeals in National Highways Act Acquisition Cases — Non-Grant of Solatium and Interest Upheld. The Court held that Section 3J of the National Highways Act, 1956, excluding solatium and interest under the Land Acquisition Act, 1894, is not violative of Article 14 of the Constitution.

3 Sep 2019

The Supreme Court, in a batch of appeals filed by the Union of India and the National Highways Authority of India (NHAI), considered the validity of t...

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