Search Results for "simpliciter"

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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 Dismisses Corporate Debtor's Appeal Against Admission of Insolvenc...
Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting I...

Search Results for "simpliciter"

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High Court

Bombay High Court Allows Amendment in Specific Performance Suit at Appellate Stage — Scope of 'Any Other Relief' Under Section 22(1)(b) of Specific Relief Act, 1963. The court held that the expression 'any other relief to which he may be entitled' in Section 22(1)(b) permits a plaintiff to amend the plaint at the appellate stage to claim mesne profits as an alternative relief when the suit for specific performance is dismissed.

16 Nov 2022

The petitioner, Shabbir Kankaru Inamdar, filed a suit for specific performance of a contract against the respondents, Mirza Salimbeg Jabbarbeg and Mir...

High Court

Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

High Court

Bombay High Court Dismisses Employer's Challenge to Workman Status in Industrial Dispute. Tribunal's finding that employee was a 'workman' under Section 2(s) of the Industrial Disputes Act, 1947 upheld as not perverse.

5 Jul 2021

The petitioner, M/s. Procter and Gamble Health Limited (formerly Merck Ltd.), challenged an award dated 28.02.2020 passed by the Industrial Tribunal a...

High Court

Bombay High Court Allows Interim Application to Set Aside Ex-Parte Arbitral Award Due to Lack of Proper Service and Violation of Natural Justice. Service by email without proof of delivery and newspaper publication without court permission is insufficient under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Mar 2021

The case involves an application under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the respondents in the arbitration (applican...

High Court

Bombay High Court Dismisses Petitions Challenging Disqualification of Municipal Corporator for Illegal Construction and Encroachment. Disqualification under Section 10(1D) of Maharashtra Municipal Corporations Act, 1949 upheld based on findings of unauthorized construction and encroachment by the elected member.

23 Mar 2021

The judgment arises from two writ petitions filed by Mrs. Tilottama Sanjay Kinkhede (WP 5075/2019) and Mrs. Pragati Ajay Patil (WP 6236/2019) concerni...

High Court

Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Possession and Title Upheld. The court held that the appellants failed to prove their title and possession over the suit property, and the concurrent findings of the courts below did not suffer from any perversity or substantial question of law.

12 Mar 2021

The case pertains to a suit for permanent injunction filed by the respondents (original plaintiffs) against the appellants (original defendants) in re...

High Court

Bombay High Court Upholds Acquittal in NDPS Case Due to Non-Compliance with Section 42(2) — Secret Information Not Forwarded to Superior Officer. Failure to send a copy of the information recorded under Section 42(1) to the immediate official superior as mandated by Section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 renders the search and seizure illegal and the trial vitiated.

5 Mar 2021

The State of Maharashtra appealed against the acquittal of the respondent (accused) by the Special Judge, Pune, for an offence under Section 20(b)(ii)...

High Court

Bombay High Court Acquits Teacher in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 10 and 12 of POCSO Act and Section 354-A IPC set aside as victim's testimony was not reliable and other witnesses turned hostile.

2 Mar 2021

The appellant, Swadhinchandra Hariramji Zade, a teacher, was convicted by the Additional Sessions Judge, Amravati in Sessions Trial No.295/2016 for of...

High Court

Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion, Upholds Family Court's Refusal to Grant Divorce. Filing of False Criminal Complaint by Wife Does Not Automatically Constitute Cruelty for Divorce Under Hindu Marriage Act, 1955.

18 Mar 2020

The appellant husband, Dr. Santosh Shetty, filed a Family Court Appeal challenging the judgment and decree dated 25.11.2013 passed by the Family Court...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

26 Feb 2020

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

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