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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "simpliciter"

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High Court

High Court of Bombay at Goa Allows Amendment of Counter Claim in Property Dispute — Amendment Sought to Amplify Existing Plea, Not Change Nature of Suit. The court held that the trial court erred in rejecting the amendment application without specifying how the character of the suit would change, and that the bar under Order 8 Rule 6A CPC applies only to filing a counter claim after written statement, not to amendments.

21 Jun 2013

The petitioners, Joao Felicio Rodrigues and Querobina Mildred Rodrigues, filed a writ petition challenging an order dated 9 January 2013 passed by the...

High Court

Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

10 Jun 2013

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

High Court

Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

24 Jan 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheques Issued in Discharge of Liability — Service of Notice by Registered Post Deemed Sufficient Despite Return as Undelivered.

22 Nov 2005

The case involves a criminal revision application filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 188...

High Court

Bombay High Court at Goa Upholds Conviction of Accused in NDPS Case for Possession of 2.28 kg Charas — Compliance with Section 50 NDPS Act Not Required for Baggage Search. The court held that the search of the handbag and room did not require compliance with Section 50, and the personal search was valid as the accused was given the option to be searched before a Gazetted Officer or Magistrate.

27 Oct 2005

The appellant, Ritesh Kumar, was convicted by the Special Judge, NDPS Court, Mapusa, under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic...

High Court

Bombay High Court Upholds Industrial Court Order Against Employer for Unfair Labour Practices in MRTU & PULP Act Case. Employer directed to reinstate employee with full back wages and permanency benefits for engaging in unfair labour practices under Items 6 and 9 of Schedule IV of MRTU & PULP Act, 1971.

21 Oct 2005

The petitioner, M/s Gannon Dunkerley & Co. Ltd., a public limited company engaged in supply of textile machinery and civil construction, challenged th...

High Court

High Court of Bombay at Goa Allows Second Appeal in Tenancy Dispute — Declaration of Tenancy Attains Finality and Cannot Be Ignored by Civil Court. The Additional District Court erred in ignoring the tenancy declaration in Tenancy Case No.9/94 which had become final and binding on the parties.

23 Sep 2005

The case involves a second appeal by the plaintiff, Vishnum Shankar Naik, against the judgment of the Additional District Court in a suit for declarat...

High Court

Bombay High Court Acquits Five Accused in Dowry Murder Case Due to Absence of Charge Under Section 302 IPC Against Some Accused and Insufficient Evidence of Common Intention. The court held that conviction under section 302 read with section 34 IPC without a specific charge under section 302 is illegal, and the prosecution failed to prove common intention beyond reasonable doubt.

24 Jun 2005

The appellants, five family members including Sukhdev Hindurao Patil (husband), Sulochana Hindurao Patil, Shalan Hindurao Patil, Hindurao Bhau Patil, ...

High Court

Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

6 May 2005

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...

High Court

Bombay High Court Upholds Compensation in Lieu of Reinstatement for Workman Terminated on Loss of Confidence. Unfair Labour Practice Found Under Item 1(f) of Schedule IV of MRTU & PULP Act, 1971.

11 Mar 2005

The petitioner, Suresh Narbharam Kachalia, was a workman employed by M/s Shakti Insulated Wires Ltd. since 25 July 1963. After serving for nearly 23 y...

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