Search Results for "appellate interference"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "appellate interference"

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High Court

High Court of Bombay Allows Landlord's Revision, Reinstating Eviction Decree on Grounds of Permanent Alterations, Acquisition of Suitable Residence, and Nuisance Under Bombay Rent Act. Appellate Court's Reversal Found Perse as Tenants Made Structural Changes Without Permission, Acquired Alternative Residence in Pune, and Caused Annoyance Through Seepage and Hazards, Violating Sections 13(1)(b), 13(1)(l), and 13(1)(c) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

10 Mar 2026

The dispute arose from a civil revision application filed by the landlord under Section 115 of the Code of Civil Procedure, 1908, challenging the Appe...

High Court

Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

12 Mar 2010

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Appellate Order Granting Temporary Injunction in Property Dispute. Appellate Court's interference with trial court's discretionary order upheld where trial court failed to consider relevant material and prima facie case was established.

13 Mar 2015

The petitioners, Mrs. Jennifer Mascarenhas and Mr. Januario Mascarenhas, filed a writ petition in the High Court of Bombay at Goa challenging an order...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Sub-Brokerage Dispute — Upholds Appellate Bench Decision of Bombay Stock Exchange. Court holds that findings of fact by arbitral tribunal and appellate bench are not liable to be interfered with under Section 34 of the Arbitration and Conciliation Act, 1996 unless perverse or contrary to public policy.

9 Oct 2012

The petitioner, M/s. Actal, a sole proprietorship concern engaged in trading in shares, insurance, bonds, mutual funds, etc., was associated with the ...

High Court

Bombay High Court Allows Second Appeal in Partition Suit Due to Failure of First Appellate Court to Reappreciate Evidence. The Court held that the first appellate court must discharge its duty as a final court of fact by independently reviewing evidence, and failure to do so causes prejudice to the appellant.

8 Apr 2005

The appellant, Rajnikant Walchand Gandhi, filed a suit for partition and separate possession claiming a 1/2th share in the suit properties against his...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff's title based on Hakkupatra grant upheld by both courts below; no substantial question of law arises under Section 100 CPC.

20 Dec 2013

The appellant, Smt. Sumitra Bai, was the defendant in a suit for declaration of title and permanent injunction filed by the respondent-plaintiff, P. S...

High Court

Bombay High Court Holds Appellate Court Cannot Routinely Enhance Compensation Without Claimant's Appeal or Cross-Objections in Motor Accident Claims. Enhancement Permissible Only in Manifestly Unjust Awards Under Section 168 of Motor Vehicles Act, 1988.

29 Jun 2017

The case arises from a First Appeal under the Motor Vehicles Act, 1988, filed by United India Insurance Co Ltd against an award of the Motor Accident ...

High Court

Bombay High Court Allows Second Appeal in Possession and Mesne Profits Suit — First Appellate Court's Findings Set Aside as Perverse. The Court held that the first appellate court failed to re-appreciate evidence and ignored admissions, warranting interference under Section 100 of the Code of Civil Procedure, 1908.

3 Nov 2025

The plaintiff (appellant) filed a suit for possession and mesne profits against the defendant (respondent) in respect of a property in Kolhapur. The p...

High Court

Bombay High Court Refers Questions on Scope of Appellate Interference in Interim Injunction Orders to Larger Bench. Division Bench Noted Conflict Between Precedents on Whether Injunction Orders Are Discretionary or Prima Facie Adjudication, Impacting Appeal Scope Under Order 43 Rule 1 of Code of Civil Procedure, 1908.

28 Apr 2025

The Bombay High Court, constituted as a larger bench, was seized of a reference made by a Division Bench owing to irreconcilable conflict in precedent...

High Court

Bombay High Court Allows Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings Set Aside for Perversity. The Court held that the lower appellate court failed to consider material evidence and the issue of adverse possession, leading to a miscarriage of justice under Section 100 of the Code of Civil Procedure, 1908.

29 Nov 2016

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land bearing Gat No...

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