Search Results for "overruled objections"

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Sections 302, 307, 324, 143, 147, 148, 149 IPC set aside as evidence of sole eyewitness was inconsistent and not supported by medical or other evidence.

The case arises from a common judgment of the Sessions Court convicting multiple accused for offences including murder, attempt to murder, and rioting...

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Bombay High Court Dismisses Petition Challenging Termination of Managing Director by ICICI Bank. Court upholds termination based on adverse enquiry report and RBI approval, rejecting challenge to communication of approval.

The petitioner, Chanda Deepak Kochhar, was the Managing Director and CEO of ICICI Bank. She joined the bank in 1984 and held various positions until h...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

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Bombay High Court Upholds Minority Scholarship Schemes as Constitutional — Schemes for Minority Communities Do Not Violate Article 14 or 15(1) as They Are Based on Backwardness and Not Religion Alone.

The Bombay High Court disposed of two public interest litigations challenging the constitutional validity of two scholarship schemes for minority comm...

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Bombay High Court Allows Appeal in Trust Property Dispute — Revision Under Section 70A of Bombay Public Trusts Act, 1950 Filed After 30 Years Held Not Maintainable. Revisional Power Must Be Exercised Within Reasonable Time Even When No Limitation Is Prescribed.

The Bombay High Court dealt with two appeals arising from a dispute between two trusts named after Mahatma Gandhi. The appellant, Maharashtra Gandhi S...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

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Bombay High Court Upholds Arbitral Award in Loan Recovery Dispute — Time Limit for Award Held Directory. Petitioner's Objection to Arbitrator's Jurisdiction Waived Due to Participation Without Timely Objection.

The petitioner, B.K. Gopakumar, a film producer, entered into a loan agreement dated 10 November 1992 with the respondent, National Film Development C...

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Bombay High Court Dismisses Petition Challenging Land Acquisition for Rehabilitation of Project Affected Persons. Notification under Section 4 and Declaration under Section 6 of Land Acquisition Act, 1894 upheld as acquisition was for public purpose of resettlement of displaced persons.

The petitioners, heirs of Ramchandra Desai @ Deshmukh, filed a writ petition under Article 226 of the Constitution of India challenging the Notificati...

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Bombay High Court Dismisses Judgment Debtor's Objection to Auction Sale in Execution Proceedings — Auction Sale Confirmed Despite Alleged Irregularities as Objection Filed After 15 Days Without Proper Explanation.

The petitioner, Bhagwandas s/o Chunilal Purohit, was the original defendant/judgment debtor in a recovery suit filed by respondent No.1, Machindra s/o...