Search Results for "Overruled precedent"

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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 "Overruled precedent"

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High Court

Bombay High Court Holds Offence Under Section 185 of Motor Vehicles Act, 1988 is Non-Cognizable but Police May Arrest Without Warrant if Offence Committed in Presence. Driving Under Influence of Alcohol is a Serious Offence but Classification Under Part II of First Schedule CrPC Makes it Non-Cognizable as Punishment is Less Than Three Years.

28 Nov 2013

The applicant, Ms. Rani Shashank Doshi, was driving a motor vehicle on 27 April 2011 when she was stopped by a police officer from N.M. Joshi Marg Pol...

High Court

Bombay High Court Dismisses Appeal of Teacher in Termination Dispute Due to Lack of Approval by Education Officer. Appointment of Assistant Teacher Without Approval Under Section 5 of MEPS Act and Rules Renders Termination Not Actionable Under Section 9 of MEPS Act.

4 Oct 2013

The appellant, Sudhakar Trimbakrao Kalmegh, was appointed as an Assistant Teacher in a school administered by respondent no.1 society on 15th July 199...

High Court

Bombay High Court Allows Accused's Petition in Section 138 NI Act Case — Summons to Accused to Produce Documents Quashed as Violative of Right Against Self-Incrimination. The court held that a complainant cannot compel the accused to produce documents in his custody to rebut the defence, as it infringes Article 20(3) of the Constitution.

19 Jun 2013

The petitioner, Mahendrakumar Kanhyalal Jain, was the accused in Summary Criminal Case No. 3061/2003 pending before the Judicial Magistrate, First Cla...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Exchange Dispute — Arbitrator's Refusal to Entertain Counterclaim Upheld as Within Jurisdiction. The court held that the arbitrator's decision to refrain from adjudicating the counterclaim regarding surplus in NSE capital market was within his jurisdiction and did not warrant interference under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Mar 2013

The petitioner, Uttam Chand Garg, challenged an arbitral award dated 16th March 2009 passed by a sole arbitrator under the byelaws of the National Sto...

High Court

Bombay High Court Allows Appeal Against Dismissal of Amendment Application - Article 137 of Limitation Act Does Not Apply to Amendment of Pleadings Under Order 6 Rule 17 CPC. The court held that the right to apply for amendment arises when the need is discovered, not on filing of written statement, and allowed the amendment to avoid multiplicity of proceedings.

27 Feb 2013

The appeal arose from an order of the Learned Single Judge of the Bombay High Court dismissing a Chamber Summons for amendment of the written statemen...

High Court

Bombay High Court Dismisses Letters Patent Appeals by Employer in Service Matter — Termination of Workmen Without Section 25-F Compliance Held Illegal. Reinstatement with Continuity of Service and Back Wages Upheld as Non-Compliance with Section 25-F of Industrial Disputes Act, 1947 Renders Termination Void.

7 Feb 2013

The case involves two Letters Patent Appeals filed by Maharashtra State Power Generation Company Ltd. (the appellant) against the common order of a Si...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application for Production of Document in Criminal Complaint. Court holds that the document sought was not relevant to the proceedings and the application was filed belatedly.

23 Jun 2006

The petitioner, Manjula Ramlal Barot, filed a criminal complaint against respondents No.1 to 5 for offences under Sections 347, 348, 386, 395, 506(ii)...

High Court

Bombay High Court Acquits Accused in Dowry Death Case Due to Inconsistent Dying Declarations. Conviction under Sections 498A and 302 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence.

16 Jun 2006

The case involves an appeal against conviction under Sections 498A and 302 read with Section 34 of the Indian Penal Code. The deceased Rajkanya was ma...

High Court

Bombay High Court Acquits Accused in Dowry Death Case Due to Inconsistent Dying Declarations. Conviction under Sections 498A and 302 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence.

16 Jun 2006

The case involves an appeal against conviction under Sections 498A and 302 read with Section 34 of the Indian Penal Code. The appellants, Bhagirathiba...

High Court

Bombay High Court Dismisses Petition of Senior Teacher in Minority Institution Challenging Appointment of Head Master. Management's Right to Appoint Head of School by Nomination Under Section 3(2) of MEPS Act, 1977 Upheld.

1 May 2006

The petitioner, Hussain Khan, was a senior lecturer at Shah Babu Urdu Jr. College, Patur, which is a minority institution under Article 30 of the Cons...

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