Search Results for "liberal approach"

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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 "liberal approach"

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High Court

Bombay High Court Dismisses State's Application for Condonation of Delay in Filing Revision Against Eviction Decree. Inordinate delay of over 4 years not sufficiently explained despite government status and pandemic.

28 Aug 2024

The State of Maharashtra and the Commissioner of Police filed an Interim Application seeking condonation of delay of 1 year and 300 days in filing a C...

High Court

Bombay High Court Allows Amendment of Plaints in Commercial Summary Suits for Recovery of Money Lent — Amendments Based on Existing Documents and Admissions of Liability Do Not Introduce New Cause of Action. The court held that since trial had not commenced, the proviso to Order 6 Rule 17 CPC was not attracted, and the amendments were allowed subject to costs.

27 Feb 2024

The judgment concerns three interim applications filed by the original plaintiffs in Commercial Summary Suit No. 13 of 2011, Commercial Summary Suit N...

High Court

Bombay High Court Dismisses Petition Challenging Condonation of Delay in Land Record Correction Appeal. Delay of 30 Years Condoned as Sufficient Cause Shown for Non-Filing of Appeal Within Limitation Under Section 5 of Limitation Act, 1963.

21 Jul 2023

The petitioners, legal heirs of Hari G. Koli, challenged an order dated August 21, 2019 passed by the District Superintendent of Land Records, Solapur...

High Court

Bombay High Court Allows Writ Petition, Sets Aside Rejection of Delay Condonation in Filing Written Statement — Emphasizes Liberal Approach to Condonation of Delay to Advance Substantial Justice. The court condoned a delay of 31 months and 16 days in filing the written statement, holding that technicalities should not defeat substantial justice.

27 Jan 2023

The present Writ Petition was filed by the Original Defendants (Shriram Transport Finance Co. Ltd. and Citi Corp. Finance India Ltd.) challenging the ...

High Court

Bombay High Court Grants Interim Relief to Licensors in Leave and Licence Disputes Under Section 9 of Arbitration and Conciliation Act, 1996. Court holds that termination of licence agreements and recovery of possession are arbitrable disputes warranting interim protection to prevent irretrievable injustice.

20 Aug 2022

The judgment concerns three arbitration petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996, by licensors seeking interim me...

Supreme Court

Supreme Court Allows Appeal Against High Court's Dismissal of Second Appeal as Time-Barred, Condoning Delay of 650 Days in Specific Performance Suit. The Court held that the High Court erred in rejecting the condonation application without proper enquiry into the appellant's explanation of non-service of notice due to address change, applying a liberal approach under Section 5 of the Limitation Act, 1963.

8 Oct 2021

The dispute originated from a suit for specific performance of an agreement to sell dated 18.2.1998 concerning agricultural land. The trial court part...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Electricity Duty on Captive Consumption — Industrial Consumers Not Entitled to Exemption Under Section 3(1)(b) of Goa Electricity Duty Act, 1985 as Self-Generated Electricity Not Supplied by Licensee or Generating Company.

30 Dec 2020

The petitioners, a group of industrial companies and their directors, filed a writ petition under Article 226 of the Constitution of India before the ...

High Court

Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence and Absence of Intent. Conviction under Section 307 IPC set aside as prosecution failed to establish that the accused had the requisite intention to cause death or that the injuries were sufficient in the ordinary course of nature to cause death.

5 Aug 2020

The appellant, Arumugum Arundatiyar, was convicted by the Additional Sessions Judge, Greater Mumbai for offences under Sections 307 (attempt to murder...

Supreme Court

Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

11 May 2020

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

High Court

Bombay High Court Allows Restoration of Eviction Suit Dismissed for Default, Emphasizing Liberal Approach Under Order IX Rule 4 CPC. The Court set aside the Trial Court's orders dismissing the suit for want of prosecution and rejecting the restoration application, finding that the plaintiff's illness constituted sufficient cause for non-appearance.

13 Jan 2020

The case involves a landlord-tenant dispute where the original plaintiff, Smt. Kamla A. Bharwani (since deceased, represented by legal representatives...

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