Search Results for "original proceeding"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "original proceeding"

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Supreme Court

Supreme Court Upholds Reference of Questions of Law to Larger Bench in Review Petition — Maintainability of Reference Affirmed. The Court held that its power to refer questions of law to a larger bench in a review petition is not barred by Order XLVII of the Supreme Court Rules, 2013, and can be exercised under Article 142 to do complete justice.

10 Feb 2020

The judgment arises from a reference made by a three-judge bench in review petitions against the Supreme Court's 2018 judgment in Indian Young Lawyers...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved by Oral and Documentary Evidence. Tribunal Erred in Dismissing Claim on Ground of Lack of Negligence Despite Clear Evidence of Rash Driving and Criminal Conviction.

30 Nov -0001

The appellant, Santosh Chandrakant Potdar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a...

High Court

Bombay High Court Dismisses Employer's Challenge to Labour Court Awards in Industrial Dispute Cases. Reinstatement with Back Wages Upheld for Workmen Found to Have Completed 240 Days of Service and Terminated Without Compliance with Section 25-F of Industrial Disputes Act, 1947.

25 Jun 2021

The judgment pertains to a batch of writ petitions filed by Duncan Engineering Ltd. (erstwhile Schrader Duncan Ltd.) challenging separate awards passe...

High Court

Bombay High Court Allows Writ Petition for Gratuity and Leave Encashment Against OBC Corporation — Employee Entitled to Benefits Despite Non-Adoption of Payment of Gratuity Act. Non-adoption of Payment of Gratuity Act, 1972 by employer does not disentitle employee to gratuity if establishment is covered under the Act; leave encashment is a contractual right.

7 May 2021

The petitioners, legal heirs of the original petitioner Nagesh Jagdishrao Deshpande, filed a writ petition under Article 226 of the Constitution of In...

High Court

Bombay High Court Allows Revision in Maintenance Case Due to Non-Consideration of Evidence — Wife's Suppression of DV Proceedings Not Fatal to Claim Under Section 125 CrPC. The court held that the Family Court must consider the evidence on record and not dismiss the petition solely on suppression of DV proceedings.

16 Dec 2025

The case involves a criminal revision application filed by the wife (original applicant) against the judgment and order dated 27-09-2024 passed by the...

Supreme Court

Supreme Court Dismisses Special Leave Petition Against High Court Order Condoning Delay in Appeal from Divorce Decree. Delay in filing appeal from Family Court decree under Special Marriage Act, 1954 is condonable under Section 5 of Limitation Act, 1963 as Section 29(3) excludes only original suits, not appeals, and special laws do not expressly exclude Sections 4 to 24.

23 Jul 2021

The Supreme Court dismissed a Special Leave Petition challenging a High Court order that condoned the delay in filing an appeal against a divorce decr...

High Court

Bombay High Court Allows Transfer of Matrimonial Petition from Family Court at Bandra, Mumbai to Civil Judge (S.D.), Patan, Gujarat on Grounds of Wife's Convenience and Residence. Wife's convenience and residence at Patan, Gujarat, along with her aged mother, considered paramount for transfer under Section 23(3) read with Sections 151 and 24 of Code of Civil Procedure, 1908.

15 Feb 2005

The applicant wife filed an application under Section 23(3) read with Sections 151 and 24 of the Code of Civil Procedure, 1908, seeking transfer of Hi...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Suit for Specific Performance and Injunction — Held that Plaint Discloses Cause of Action and is Not Barred by Limitation. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC as the suit is within limitation and discloses a cause of action.

16 Jul 2016

The case involves a Notice of Motion filed by Defendant No. 11, Lily Realty Private Limited, in a suit for specific performance and injunction. The pl...

High Court

High Court of Karnataka Dismisses Employer's Writ Petitions Challenging Industrial Tribunal's Refusal to Transfer Labour Disputes. Allegations of Bias and Inconvenience Not Sufficient to Justify Transfer Under Articles 226 and 227 of the Constitution.

28 Nov 2019

The petitioner, M/s. Pearlite Liners Pvt. Ltd., filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging orders da...

High Court

Bombay High Court Upholds Landlords' Eviction Decree in Rent Control Case — Review Maintainable for Error of Law Apparent on Record. Section 106 of Transfer of Property Act, 1882 not applicable to proceedings under Maharashtra Rent Control Act, 1999.

15 Sep 2015

The dispute in this writ petition arises from an eviction suit filed by the landlords (respondents) against the tenant (petitioner) under Section 16(1...

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