Search Results for "Summary Rejection"

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Bombay High Court Adjudicates Habeas Corpus Petition by Father of Minor Child for Custody and Return to USA; Maintainability of Habeas Corpus and Compliance with Foreign Court Order Considered After Remand by Supreme Court

The case involves a habeas corpus petition filed by the father of a minor child, Aaryan, seeking production and custody from the mother. The father, a...

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Bombay High Court Dismisses Employee's Petition Challenging Departmental Inquiry During Pendency of Criminal Case. Held that departmental inquiry can proceed simultaneously with criminal trial as standards of proof differ, and no automatic stay arises from registration of criminal case.

The petitioner, Ramesh Sonawane, a Junior Manager with Maharashtra State Electricity Distribution Company Ltd., was involved in a criminal case under ...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Bombay High Court Allows Writ Petition for Compensation in Police Custodial Death Case — State Directed to Pay ₹10 Lakhs for Negligence and Violation of Article 21. Failure to Provide Timely Medical Aid to Detainee Constitutes Custodial Violence and Breach of Fundamental Rights.

The petitioner, Aruna Bhimrao Athwale, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking compensation for the custodia...

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Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. Disputes arose from Construction Management Agreements regarding completion notices and fee obligations, with the court determining arbitration under those agreements was appropriate.

The Supreme Court of India dealt with two arbitration petitions filed by DLF Home Developers Limited (DHDL) under Section 11(6) read with Section 11(1...

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Bombay High Court Dismisses Employer's Challenge to Labour Court Awards in Industrial Dispute Cases. Reinstatement with Back Wages Upheld for Workmen Found to Have Completed 240 Days of Service and Terminated Without Compliance with Section 25-F of Industrial Disputes Act, 1947.

The judgment pertains to a batch of writ petitions filed by Duncan Engineering Ltd. (erstwhile Schrader Duncan Ltd.) challenging separate awards passe...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Grants Bail to Accused in Rape Case Due to Lack of Prima Facie Evidence and Delay in FIR. The court held that the prosecution failed to establish a prima facie case under Sections 376, 354, 509, 504, 201, 34 IPC, and granted bail under Section 439 CrPC.

The applicant, John Fernandes, was accused of rape and other offenses under the Indian Penal Code. The incident allegedly occurred on December 2, 2009...