Search Results for "re-appreciation of evidence"

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Madras High Court Partly Allows Appeal in Arbitration Matter — Upholds Arbitral Award Except for Claim No.6. Post-Contractual Changes in Pipeline Alignment and Scope Reduction Lead to Dispute Over Additional Costs and Delay.

The appellant, Chennai Metropolitan Water Supply and Sewerage Board, invited tenders for construction of a Permeate Conveyance Pipeline as part of a p...

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Gujarat High Court Quashes Cancellation of Bail in Criminal Breach of Trust Case — Sessions Court Exceeded Jurisdiction by Re-appreciating Evidence. Bail Cancellation Requires Supervening Circumstances Under Section 528 BNSS; Mere Different View of Evidence Not Sufficient.

The petitioner, Hirabhai Arjanbhai Jotva, was granted regular bail by the learned Judicial Magistrate First Class (JMFC), Bharuch, vide order dated 26...

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Madras High Court Allows Revision, Restores Temporary Mandatory Injunction for Cart Track Access in Property Dispute. Appellate Court Exceeded Jurisdiction Under Order 43 Rule 1(r) CPC by Re-appreciating Evidence on Merits Instead of Confining to Jurisdictional Errors.

The petitioners (plaintiffs) filed a civil suit seeking a permanent injunction and a temporary mandatory injunction to restore a cart track that alleg...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witnesses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Section 161 IPC and Section 5(2) of Prevention of Corruption Act, 1988.

The State of Gujarat filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal date...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Favour of Constituent in Stock Trading Dispute. Court upholds award based on documentary evidence and rejects challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Angel Capital & Debt Market Ltd., a trading member of the National Stock Exchange of India Limited, challenged an arbitral award ...