Search Results for "absolute necessity"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "absolute necessity"

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Supreme Court

Supreme Court Upholds Mortgage by Conditional Sale in Property Redemption Dispute — Distinguishes from Sale with Condition to Repurchase Under Section 58(c) of Transfer of Property Act, 1882. The court affirmed that the transaction was a mortgage, not an absolute sale, and the mortgagor's heirs were entitled to redeem the property upon payment of the balance amount.

23 Apr 2019

The appeals arose from a suit for redemption of mortgage filed by the respondents-plaintiffs, who claimed that their father Shripad Joshi had mortgage...

High Court

Bombay High Court Quashes Externment Order Due to Unexplained Delay in Proceedings — Preventive Action Must Be Decided with Utmost Despatch. The Court held that an unexplained delay of over two months between show cause notice and first hearing, and nearly one year to pass the order, casts serious doubt on the necessity of immediate removal under the Maharashtra Police Act.

2 Aug 2012

The petitioner, Mr. Nilesh Prabhakar Chondalkar, challenged an externment order passed on 8.2.2012 by the Appropriate Authority under the Maharashtra ...

High Court

Bombay High Court Dismisses Tenant's Petition in Eviction Case Based on Landlord's Bona Fide Requirement — Daughter's Need Upheld After Amendment. The court held that the landlord's daughter had established her bona fide requirement for the suit premises and that the tenant failed to prove greater hardship, confirming the eviction decree.

9 Dec 2024

The case involves a landlord-tenant dispute over commercial premises in Panchgani. The original landlord, Ramchandra Shivram Gadekar, filed a suit for...

High Court

High Court of Karnataka Upholds Constitutional Validity of Section 53-A CrPC for Medical Examination of Accused in Rape Cases. Challenge to police notice for medical examination dismissed as Section 53-A is not violative of Article 20(3) or Article 21 of the Constitution.

3 Dec 2014

The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the C...

High Court

High Court of Karnataka Dismisses Petition Challenging Karnataka Micro Loan and Small Loan (Prevention of Coercive Actions) Ordinance, 2025 — Ordinance Held Within State's Legislative Competence. The Ordinance regulating recovery practices in micro and small loans is not ultra vires the Constitution and falls under Entry 30 List III (Money-lending and pawnbrokers).

17 Mar 2025

The petitioner, Karnataka Hire Purchase Association, a society registered under the Karnataka Societies Registration Act, 1960, representing motor veh...

Supreme Court

Supreme Court Upholds High Court's Interpretation of Factories Act Duty: Occupier's Liability Includes Failure to Prevent Entry into Dangerous Pit. The Court Held That Under Section 36(3) and (4) of the Factories Act, 1948, 'Permitted to Enter' Encompasses a Duty to Prevent Entry, and Safety Apparatus Must Be Immediately Available at the Pit at All Times.

4 Sep 1959

The appeal arose from a prosecution of an occupier of a factory under Section 36(3) and (4) of the Indian Factories Act, 1948, following the death of ...

High Court

Bombay High Court Allows Petitions Challenging Provisional Attachment Orders Under Section 110 of Customs Act, 1962 — Lack of Reasonable Belief and Non-Compliance with Procedural Safeguards. Attachment orders set aside as customs authorities failed to demonstrate reasonable belief that goods were liable to confiscation and did not follow mandatory procedure under Section 110(3) requiring notice within six months.

13 Mar 2024

The judgment pertains to three writ petitions filed by Chokshi Arvind Jewellers and Pallav Gold, challenging provisional attachment orders passed by t...

High Court

Bombay High Court Allows Writ Petitions Challenging GST Assessment Orders for Violation of Natural Justice. Orders set aside as show cause notices and assessment orders were uploaded on GST portal without proper communication to petitioners, violating principles of natural justice.

26 Sep 2025

The Bombay High Court disposed of a batch of writ petitions challenging assessment orders passed under the Central Goods and Services Tax Act, 2017 (C...

High Court

Bombay High Court Dismisses Appeal in Specific Performance and Easement Case — Plaintiff Fails to Prove Right of Way. Court holds that permissive user does not create easement of necessity or prescriptive easement under Indian Easements Act, 1882.

31 Mar 2006

The appellant, Smt. Shalini Laxman Wadnerkar, as the sole surviving legal representative of the original plaintiff G.G. Suvarnapathak, appealed agains...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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