Search Results for "rebuttal issue"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "rebuttal issue"

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High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

High Court

Bombay High Court Grants Probate of Will Executed on Same Day as Testatrix's Death, Upholding Its Validity Despite Challenge by Legal Heir. The court held that the execution of the Will was duly proved by attesting witnesses and the suspicious circumstances were dispelled.

7 Sep 2023

The plaintiff, Pravin Laxmidas Tanna, filed a suit seeking probate of the last Will and Testament dated 15.01.2004 of Savita Hiralal Bhindora, who exp...

High Court

Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

28 Sep 2022

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

High Court

Bombay High Court Dismisses Petition Challenging Amendment in Partition Suit After Trial Commenced. Amendment to Add Properties and Parties Allowed as Not Changing Nature of Suit and Due Diligence Found.

6 Aug 2021

The petitioners, original defendants in Special Civil Suit No. 160 of 2012, challenged orders dated 13/03/2019 allowing two applications (exhibit no. ...

High Court

Bombay High Court Acquits Accused in POCSO Case Due to Consensual Relationship and Lack of Evidence of Promise to Marry. Conviction under Section 376(2)(i)(n) IPC and POCSO Act set aside as prosecutrix was a consenting minor and no false promise of marriage established.

27 Jun 2019

The appellant, Prashant Ramchandra Kasarkar, was convicted by the Additional Sessions Judge-3, Yavatmal in Special (POCSO) Case 63/2017 for offences u...

High Court

Bombay High Court Dismisses Petition Challenging MIDC Plot Allotments — No Arbitrariness Found in Allotment Process. Petitioner's claim for allotment based on alleged earmarking fails as no legal right established.

27 Feb 2014

The petitioner, Vikrant Industries, a sole proprietorship, filed a writ petition under Articles 226, 14, and 19 of the Constitution of India challengi...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Jurisdiction in Cooperative Bank Dispute — Allegations of Fraud Not Sufficient to Oust Arbitration Under MSCS Act. The court held that mere allegations of fraud without material particulars do not oust the jurisdiction of the arbitral tribunal appointed under Section 84 of the Multi State Cooperative Societies Act, 2002, and the arbitrator's decision to decide the issue along with the main petition was proper.

17 Jun 2013

The petitioner, Rajesh M. Mahtani, was a respondent in arbitration proceedings initiated by the Bombay Mercantile Coop. Bank Ltd. under Section 84 of ...

High Court

Bombay High Court Allows Petition Challenging Appellate Authority's Order Limiting Assessment Period for Unauthorised Use of Electricity to Three Months Under Section 127 of Electricity Act, 2003. The court held that the appellate authority exceeded its jurisdiction by imposing a limitation not provided for in the Act.

27 Jul 2006

The petitioners, Reliance Energy Limited and its shareholder, challenged the order dated 18.3.2005 passed by the Chief Engineer (Electrical), PWD Depa...

High Court

Bombay High Court Dismisses Petitions Challenging Gram Panchayat Election Process for Non-Compliance with Pre-Election Deposit Requirement. Petitioners failed to deposit required amount under Rule 7(2) of Maharashtra Gram Panchayat (Election) Rules, 2014, leading to rejection of nomination papers.

30 Nov -0001

The petitioners, residents of Khuneshwar village in Solapur district, filed two writ petitions challenging the election process for the Gram Panchayat...

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