Search Results for "contradictory pleas"

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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 Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "contradictory pleas"

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High Court

Bombay High Court Directs Compensation for Unauthorized Possession of Land by NHAI — Failure to Acquire Additional Area Despite Taking Possession Violates Article 300A of Constitution. The court held that the respondents cannot retain possession of the additional 8350 sq.mtrs without paying compensation and directed them to pay compensation for use and occupation and to initiate acquisition proceedings under the National Highways Act, 1956.

7 Feb 2025

The petitioners, Tushar Laxman Bhakare @ Chawhan and Baby Laxman Bhakare @ Chawhan, are owners of land admeasuring 3 Ha-39 Ares from Gat No.402 situat...

High Court

Bombay High Court Dismisses Petition to Prevent Proforma Defendants from Leading Evidence in Eviction Suit — Interest Not Adverse Does Not Bar Evidence. The court held that the right to lead evidence is not dependent on the nature of interest but on the court's discretion and the necessity for just adjudication under the Presidency Small Causes Courts Act, 1882.

10 May 2024

The petition challenges an order of the Small Causes Court at Mumbai rejecting the plaintiffs' application to prevent certain defendants (Defendant No...

Supreme Court

Supreme Court Allows Appeals Against High Court's Review Order in Mutation Dispute — Review Power Cannot Be Used to Rehear Merits After Dismissal of SLP. The High Court's review order was set aside as it sought to re-examine the merits after the Supreme Court had dismissed the SLP against the original judgment, and the contempt petition was barred by limitation.

1 Jan 2024

The present appeals arise from a long-standing property dispute concerning land known as 'Asman Jahi Paigah' in Raidurg village. The original suit for...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

High Court of Karnataka Quashes Termination of KSPCB Chairman Based on Alleged Resignation — Finds No Voluntary Resignation and Violation of Natural Justice. The court held that the Chairman of a statutory board cannot be removed without following principles of natural justice and that the alleged resignation was not voluntary.

17 Jul 2020

The petitioner, Dr. M. Sudheendra Rao, was appointed as Chairman of the Karnataka State Pollution Control Board (KSPCB) vide notification dated 30.12....

High Court

Karnataka High Court Pronounces Order on Constitutional Challenge to Karnataka On-demand Transportation Technology Aggregators Rules, 2016. Petitioners Assert Rules Ultra Vires Motor Vehicles Act, 1988 and Violative of Freedom of Trade and Commerce Under Articles 14, 19(1)(g), and 301 of the Constitution.

10 Nov 2016

The Karnataka High Court considered a batch of writ petitions challenging the constitutional validity of the Karnataka On-demand Transportation Techno...

High Court

High Court of Bombay Dismisses Petitions Challenging Arbitral Award in Stock Broker Dispute. Court Upholds Arbitral Tribunal's Findings of Fact and Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

14 Jul 2016

The judgment concerns multiple arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awa...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Daughter's Claim for Share in Ancestral Property Upheld Despite Alleged Prior Partition. Court holds that a prior partition between brothers cannot defeat the right of a daughter who was not a party to it, and that the suit is not barred by limitation as the daughter's right to claim partition is a continuing right.

6 Feb 2015

The appeal arises from a judgment and decree dated 2.4.2011 passed by the XVIII Additional City Civil Judge, Bangalore, in O.S.No.4071/2002, decreeing...

High Court

High Court of Bombay at Aurangabad Dismisses Writ Petition by BSNL Against Arbitral Award — Challenge to Award Under Section 34 of Arbitration and Conciliation Act, 1996 Not Maintainable as Petition Filed Beyond Limitation and Without Proper Grounds. The court held that the writ petition under Article 226 is not maintainable when an efficacious alternative remedy under Section 34 of the Arbitration and Conciliation Act, 1996 is available, and the petition was filed beyond the limitation period without any application for condonation of delay.

3 Dec 2013

The petitioner, the General Manager of Bharat Sanchar Nigam Ltd. (BSNL), filed a writ petition under Article 226 of the Constitution of India challeng...

High Court

Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

13 Aug 2013

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...

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