Search Results for "liberal consideration"

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Supreme Court Upholds Rights of Trafficking Victims, Issues Guidelines for Rescue and Rehabilitation. Court Holds That State Must Take Reasonable Measures to Safeguard Right to Rehabilitation Under Article 21.

This Miscellaneous Application arose from a prior disposed Public Interest Litigation regarding human trafficking. The petitioner sought enforcement o...

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Gujarat High Court Dismisses Condonation of Delay Application in Second Appeal Due to Unexplained Inordinate Delay of 1131 Days. Limitation Act, 1963 Section 5 Requires Sufficient Cause for Delay Beyond Control.

The present case involves a Civil Application under Section 5 of the Limitation Act, 1963, filed in a pending Second Appeal before the Gujarat High Co...

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Supreme Court Allows Appeal in Senior Citizens' Maintenance Case — Gift Deed Set Aside for Failure to Provide Basic Amenities. Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 interpreted liberally to protect senior citizens' rights.

The present appeal arises from a judgment of the High Court of Madhya Pradesh which set aside the orders of the Sub-Divisional Magistrate and the Sing...

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Bombay High Court Allows Amendment to Plaint in Property Dispute Due to Subsequent Dispossession. Amendment Based on Events After Issues Framed Is Permissible Under Order 6 Rule 17 CPC Despite Delay.

The petitioner, Dela Gurudal Vanjari, filed a suit in 2005 seeking a declaration that a mutation entry was illegal and for an injunction against the r...

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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting delay condonation application by applying strict limitation principles instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a second appeal arising from a property dispute. The plaintiff, Vinay Madhukar Kulkarni, filed Regular Civil Suit No.155 of 2007 for...

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Supreme Court Allows Appeal in Motor Accident Claim Case Due to Liberal Interpretation of Delay Condonation Under Section 173 of Motor Vehicles Act, 1988. High Court Erred in Dismissing Delay Condonation Application for 45 Days Without Considering Beneficial Nature of Legislation.

The appeal arose from a motor accident claim where the deceased, aged 26, died in a collision with a negligently parked truck on 15.04.2011. The appel...