Search Results for "Issue Framing"

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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...
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Search Results for "Issue Framing"

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High Court

Bombay High Court Allows Petition in Partition Suit — Remands for Framing of Limitation Issue. Order 41 Rule 25 CPC empowers appellate court to frame additional issue when trial court fails to frame issue on limitation despite plea raised in written statement.

15 Nov 2022

The petitioner, Latif Karim Sahab Shaikh, filed a writ petition challenging the order dated 09.06.2022 passed by the Adhoc District Judge-2, Bhoom, re...

High Court

Bombay High Court Allows Amendment of Written Statement to Add Legal Submission on Non-Joinder of Necessary Party in Copyright Infringement Suit. The court permitted the defendant to amend its written statement to raise a legal submission that the suit is bad for non-joinder of a necessary party, based on facts already pleaded.

24 Sep 2014

The case involves a Chamber Summons filed by the defendant in a copyright infringement suit seeking to amend its written statement. The plaintiff, Ult...

High Court

Bombay High Court Dismisses Union of India's Writ Petition Challenging Reference Court's Order Framing Issue on Ownership in Land Acquisition Reference. The court held that the Reference Court has jurisdiction to frame an issue regarding ownership under Section 18 of the Land Acquisition Act, 1894, and the writ petition against an interlocutory order was premature.

1 Oct 2015

The Union of India filed a writ petition challenging an order dated 28/10/2014 passed by the Reference Court (Civil Judge, Senior Division, Panvel) in...

High Court

Bombay High Court Quashes Trial Court's Order Framing Preliminary Issue on Maintainability in Specific Performance Suit — Section 16 of Specific Relief Act Cannot Be Decided as Preliminary Issue Without Evidence. The issue of maintainability under Section 16 of the Specific Relief Act, 1963, is a mixed question of law and fact and cannot be tried as a preliminary issue under Order XIV Rule 2 CPC.

4 Apr 2018

The Bombay High Court was hearing two writ petitions filed by M/s. Skyline Construction, a partnership firm, challenging an order dated 13th November ...

Supreme Court

Supreme Court Examines Applicability of Section 292 IPC to Allegedly Obscene Poem Referencing Mahatma Gandhi Amidst Claims of Poetic License and Freedom of Expression. Court Clarifies That Poetic License Is Not a Legal License but a Fundamental Right, Subject to Reasonable Restrictions Under Article 19(2), and Obscenity Must Be Judged by Contemporary Community Standards.

1 Aug 2026

Background: The case arose from the publication of a poem titled 'Gandhi Mala Bhetala' (I met Gandhi) in the July-August 1994 issue of the Bulletin, a...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Section 9-A CPC for Framing Issue of Res Judicata as Preliminary Issue. Res Judicata is Not a Jurisdictional Issue Under Section 9-A CPC, Hence Application Not Maintainable.

6 Nov 2012

The petitioner, Kisanrao Kulkarni, was a defendant in a civil suit (RCS No.79/2008) filed by the respondent/plaintiff for declaration of ownership and...

High Court

High Court of Karnataka Dismisses Criminal Revision Petitions Challenging Framing of Charges in Multiple Cases. Court holds that at the stage of framing charges, only a prima facie case is required and not a detailed evaluation of evidence.

24 Mar 2017

The judgment involves a batch of criminal revision petitions filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, ch...

Supreme Court

Supreme Court Sets Aside High Court Order Directing De Novo Trial in Criminal Case Based on Procedural Irregularity in Charge Framing. The Court Held That Under Sections 464 and 465 of the Code of Criminal Procedure, 1973, a Mere Procedural Defect in Framing Charge Does Not Vitiate Trial Absent Demonstrated Prejudice or Failure of Justice, Especially When Accused Had Full Knowledge and Participated Actively for Over Fourteen Years.

25 Mar 2026

The appeal arose from a criminal case involving offences under Sections 147, 148, 149, 307, 302, and 120B of the Indian Penal Code, 1860, and Section ...

High Court

Bombay High Court Allows Defendant's Reply to Temporary Injunction to be Treated as Written Statement in Civil Suit — Emphasizes Liberal Construction of Pleadings Under CPC to Avoid Multiplicity of Proceedings. Reply Containing Full Defense and Referred to as Written Statement by Trial Court Must Be Accepted as Written Statement Under Order VIII Rule 1 CPC.

5 Jul 2012

The petitioner, Hirabai Vasant Patil, was the original defendant in Regular Civil Suit No.145 of 2007 filed by the respondent, Sitaram Nago alias Namd...

High Court

Bombay High Court Remands Industrial Dispute to Industrial Court for Fresh Adjudication on Jurisdictional Issue of Workman Status. The Industrial Court failed to frame an issue on whether the respondent was a workman under Section 2(s) of the Industrial Disputes Act, 1947, which is a jurisdictional prerequisite, leading to the impugned order being set aside.

14 Aug 2015

The petitioners, Deogiri Nagari Sahakari Bank Ltd., challenged the judgment and order dated 12.02.2014 of the Industrial Court in Complaint (ULP) No.1...

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