Search Results for "presumptions"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "presumptions"

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High Court

Bombay High Court Modifies Sentence of Accused in Cheque Dishonour Case After Payment of Cheque Amount. Conviction under Section 138 Negotiable Instruments Act upheld but imprisonment substituted with fine and compensation due to payment during appeal.

1 Jul 2011

The petitioner, Subhash Chunnilal Gandecha, was convicted by the Judicial Magistrate, First Class, Pandharkawada in Summary Criminal Case No.374 of 20...

High Court

Bombay High Court Upholds Constitutional Validity of Section 21(3) MCOCA and Approval for Applying MCOCA Provisions in Organised Crime Case. Challenge to Section 21(3) of Maharashtra Control of Organised Crime Act, 1999 and approval dated 31-10-2004 under Section 23(1)(a) dismissed as not violative of Articles 14, 19, 21 of Constitution.

11 Mar 2005

The petitioners, Lalit Somdatta Nagpal and Anil Somdatta Nagpal, filed two criminal writ petitions challenging the constitutional validity of Section ...

High Court

Bombay High Court Allows Second Appeal in Tenancy Dispute — Lower Appellate Court Erred in Recording Tenancy Findings Without Referring to Tenancy Court. The Court held that the issue of tenancy must be referred to the Tenancy Court under the Bombay Tenancy and Agricultural Lands Act, 1948, and the civil court cannot decide it.

16 Nov 2005

The case involves a second appeal before the Bombay High Court arising from a civil suit concerning agricultural land. The appellants, four women, fil...

High Court

Bombay High Court Dismisses Union of India's Petition in Customs Seizure Case — Burden of Proof Under Section 123 of Customs Act, 1962 Not Discharged. The Court held that the Department failed to prove that seized ball bearings were smuggled goods, as the goods were not notified under Section 123 and no evidence of smuggling was adduced.

16 Nov 2005

The Union of India filed a writ petition challenging an order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) dated May 25, 2001,...

High Court

Bombay High Court Dismisses State's Appeal in Land Acquisition Compensation Case — Market Value Determined Based on Prior Sale Deed and Potential Value Method. Court upheld Reference Court's award of enhanced compensation for acquired land under the Land Acquisition Act, 1894, relying on a comparable sale instance and potential value of the land for development.

30 Nov -0001

The State of Maharashtra, through the Special Land Acquisition Officer, Panvel, filed appeals against the judgment and award of the Reference Court (C...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition in Arbitration Dispute Over Bridge Construction. Arbitral Award Upheld as Not Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

8 Feb 2013

The appellant, Konkan Railway Corporation Limited (owner), entered into a contract with the respondent, M/s. Oriental Construction Company Limited (co...

High Court

Bombay High Court Dismisses Appeal of Convicted Accused in NDPS Case for Heroin Possession — Compliance with Sections 42 and 50 of NDPS Act Upheld. The court held that the appellant failed to discharge the burden of proof under Sections 35 and 54 of the NDPS Act, and the conviction under Section 21(b) r/w 8(c) and 29 r/w 8(c) and 21(b) was sustainable.

1 Aug 2013

The appellant, V.S. Anandan, was convicted by the Special Judge under the NDPS Act for offences punishable under Section 21(b) read with Section 8(c) ...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Labour Court Order Setting Aside Retrenchment as Unfair Labour Practice. Employer Failed to Prove Genuine Closure, Retrenchment of 23 Workmen Without Complying with Section 25F of Industrial Disputes Act, 1947 Held Illegal.

18 Dec 2013

The petitioner, M/s. Sanket Food Products Pvt. Ltd., challenged the judgments of the Labour Court and Industrial Court which held that the retrenchmen...

High Court

High Court of Bombay at Goa Dismisses Appeal in Land Title Dispute — Appellants Fail to Prove Ownership of Suit Property. Suit for Declaration and Possession Dismissed as Appellants Could Not Establish Title Over Land Allegedly Encroached by Forest Department.

6 Dec 2013

The appellants, Baburao Hirbarao Desai and others, filed a suit for declaration of title and restoration of possession against the State of Goa, the C...

High Court

Bombay High Court Allows Release of Confiscated Truck in Forest Offence Case — Petitioner Not Given Adequate Opportunity of Hearing. Confiscation Order Under Section 61-A of Indian Forest Act, 1927 Set Aside Due to Violation of Principles of Natural Justice.

20 Apr 2006

The petitioner, owner of a truck bearing registration number MH-30-B-2897, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

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