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...
Supreme Court Grants Leave and Examines High Court's Interpretation of Section 3...
Supreme Court Adjudicates Appeal Against High Court Order Impleading Purchasers ...

Search Results for "liberal approach"

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High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside District Court's Order That Had Set Aside Arbitral Award on Grounds Beyond Section 34 Scope. The Court Held That Reappreciation of Evidence Is Not Permissible Under Section 34 of the Arbitration and Conciliation Act, 1996, and the District Court Exceeded Its Jurisdiction.

21 Nov 2019

The appellant, M/s. Scigen Biopharma Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order d...

High Court

High Court Enhances Compensation for Amputation of Both Legs in Motor Accident Claim. Claimant, a medical practitioner, awarded Rs. 25,00,000/- for permanent disability and loss of earning capacity under Motor Vehicles Act, 1988.

30 Aug 2019

The appellant, Dr. Prashant Pundlikrao Munde, a medical practitioner, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seekin...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Rebuttal of Presumption Under Section 139 Must Be Based on Preponderance of Probabilities and Not Mere Denial.

15 Apr 2019

The appellant-complainant, Dipali Enterprises, a proprietorship firm dealing in building materials, filed a criminal appeal under Section 378 of the C...

High Court

Bombay High Court Allows Appeal in Recovery Suit Dismissed for Non-Prosecution — Sets Aside Dismissal Order and Permits Appellant to Lead Evidence. Court Holds That Dismissal for Default Without Considering Merits Is Not a Bar to Restoration Under Order 9 Rule 9 CPC, and That Liberal Approach Is Warranted When Default Is Not Wilful.

2 Dec 2016

The appellant, Deepak Shah, a civil contractor, filed a suit (Civil Suit No. 40/12) against M/s. Shah Builders (Respondent No. 1) and Union of India (...

High Court

Bombay High Court Allows Petitioners to Complete Cross-Examination in Civil Suit Due to Advocate's Inability to Remain Present — Orders Evidence Reopened on Cost. The court set aside closure of cross-examination and evidence, directing payment of Rs. 5,000/- costs to respondents for a liberal approach in civil cases.

30 Nov 2016

The petitioners, who are defendants in a civil suit, challenged two orders of the Civil Judge, Junior Division at Margao: one dated 1.4.2016 closing t...

High Court

Bombay High Court Allows MSRTC's Petition, Sets Aside Condonation of Delay in Unfair Labour Practice Complaint. Pendency of Criminal Case and Acquittal Not Sufficient Cause to Condone Delay in Challenging Departmental Punishment Under MRTU & PULP Act, 1971.

15 Jun 2016

The Maharashtra State Road Transport Corporation (MSRTC) and its Divisional Traffic Officer filed a writ petition challenging an order of the Industri...

High Court

Bombay High Court Dismisses Revision Against District Judge for Condoning Delay in Civil Appeal — Judicial Order Not Criminal Misconduct Under Prevention of Corruption Act. The court held that a judicial order condoning delay, even if erroneous, cannot be treated as criminal misconduct under Section 13(1)(d)(iii) of the Prevention of Corruption Act, 1988, and the remedy lies in challenging the order through appropriate legal remedies.

24 Jul 2013

The petitioner, Subhash Sadashiv Risbud, appearing in person, filed a criminal revision application before the Bombay High Court challenging an order ...

High Court

Bombay High Court Allows Defendant to Produce Documents in Civil Suit Despite Delay — Liberal Approach to Amendment of Pleadings Under Order 6 Rule 17 CPC. Pre-trial stage application for production of documents should be liberally allowed to avoid multiplicity of proceedings.

13 Apr 2005

The petitioner, M/s. HCL Ltd., was the defendant in Special Civil Suit No.222/93/III pending before the Additional Civil Judge, Senior Division, Marga...

High Court

Bombay High Court Allows Condonation of 11-Day Delay in Filing Appeal — Liberal Approach in Absence of Negligence or Malafides. The court held that a delay of 11 days in filing an appeal should be condoned as the explanation was sufficient and there was no negligence or malafides.

8 Apr 2005

The petitioner, Smt. Conceicao Maria Pereira Fernandes, filed a writ petition in the High Court of Bombay at Goa challenging an order dated 2nd July 2...

High Court

Bombay High Court Allows Restoration of Appeal Dismissed for Default Under Order 41 Rule 19 CPC — Sufficient Cause Shown for Absence of Appellant and Advocate. Appellant's Explanation of Being Misled by Advocate Accepted as Sufficient Cause for Restoration of Appeal.

11 Jan 2005

The appellant, original defendant in a suit, challenged the judgment and decree of the trial court dated 17th September 1987 by filing an appeal in th...

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