Search Results for "absolute necessity"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "absolute necessity"

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High Court

High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Courts Below Reversed on Ground of Non-Examination of Attesting Witness to Will. The first appellate court's reversal of the trial court's decree was set aside as it failed to consider the mandatory requirement of examining an attesting witness to prove the Will under Section 68 of the Indian Evidence Act, 1872 read with Section 63 of the Indian Succession Act, 1925.

1 Oct 2013

The appellant, H.M. Rudraradhya, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and de...

Supreme Court

Supreme Court Upholds Impartible Estate Status of Nazul Property in Former Ruler's Succession Dispute. Perpetual Leasehold Rights Held as Part of Impartible Estate Governed by Primogeniture, Not Coparcenary Property.

10 Dec 2019

The Supreme Court of India heard civil appeals arising from a common judgment of the Allahabad High Court concerning the nature of perpetual leasehold...

High Court

Bombay High Court Holds Detention Order Under MPDA Act Illegal Due to Non-Application of Mind; Detaining Authority Failed to Provide Cogent Material for Likelihood of Bail While Detenu Was in Custody. The Court Ruled That Mere Possibility of Applying for Bail in Higher Court Without Real Imminence Does Not Satisfy Compelling Necessity Under Section 3(1) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

4 May 2018

The petitioner, Ganesh Subhash Masurkar, challenged a preventive detention order dated 06.11.2017 issued by the Commissioner of Police, Pune, under th...

High Court

Bombay High Court Considers Challenge to Preventive Detention Under MPDA Act on Grounds of In-Camera Statements Not Amounting to Offences. The Court Analyzes Whether In-Camera Statements Require FIR Registration for Treating a Person as a Dangerous Person Under Section 2(b-1) of the MPDA Act and the Per Incuriam Doctrine.

19 Dec 2005

The Bombay High Court heard two criminal writ petitions filed by detenus Mohammed Bilal Hanif Shaikh and Uday Mahadev Sawant challenging their detenti...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Consideration of Vital Documents. Failure to Consider Representations and Bail Order Renders Subjective Satisfaction Invalid.

23 Feb 2005

The petitioner, Mohan Bhojania, challenged a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smugg...

High Court

Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

12 Nov 2024

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

Supreme Court

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

28 Jan 2019

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

High Court

Bombay High Court Allows Impleadment Challenge in Mundkar Rights Case — Trial Court Exceeded Jurisdiction by Ordering Impleadment Without Ascertaining Mundkarial Right. The court held that impleadment under Order 1 Rule 10 CPC requires a finding that the person is a necessary or proper party, and a mundkarial right cannot be assumed without a declaration under the Goa Mundkars (Protection from Eviction) Act, 1975.

13 Jan 2006

The petitioners, original plaintiffs, filed a Regular Civil Suit No.67/2003/A before the Civil Judge, Senior Division, Quepem, seeking relief in respe...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Partition Suit — Confirms Half Share to Plaintiff. Sale Deed Executed by Father Without Legal Necessity Held Not Binding on Daughter as Coparcener Under Hindu Succession Act, 1956.

3 Jul 2013

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree in R.A. No. 207/1997, which confirmed the trial...

Supreme Court

Supreme Court Allows Tenant's Appeal in Maharashtra Tenancy Act Case — Right to Purchase Not Lost Due to Lack of Knowledge of Landlord's Death. The court held that the limitation period under Section 32-F of the Maharashtra Tenancy and Agricultural Lands Act, 1948 runs from the date the tenant gains knowledge of the cessation of the landlord's disability, not from the date of cessation itself.

18 Sep 2019

The case involves a dispute under the Maharashtra Tenancy and Agricultural Lands Act, 1948, concerning the right of tenants to purchase agricultural l...

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